Tenantcheck Insights · Case study
Tenancy Tribunal case 5417068 — Rent arrears at Unit/Flat Flat 5, 2 Waiwhetu Road, Waiwhetu, Lower Hutt
Published 20 February 2026 · Application 5417068
Mixed / unclear
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Lower Hutt
Tribunal region
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| being | $490.00 | being | |
| towards current rent and an extra | $60.00 | towards current rent and an extra |
Claims and awards for application 5417068. Verify on MoJ.
being
- Amount
- $490.00
- Awarded to
- Landlord
- Reason
- being
towards current rent and an extra
- Amount
- $60.00
- Awarded to
- Landlord
- Reason
- towards current rent and an extra
Order
- The order made in proceedings numbered 5274461 is vacated and the amount ordered on 26 June 2025 is incorporated into this order.
- The total debt now owed by Che Nepia to Kainga Ora-Homes and Communities is 5,478.15, being rent arrears up to and including 24 February 2026.
- Che Nepia must make payments to Kainga Ora-Homes and Communities to pay the rent arrears as follows: a. Weekly payments of $550.00 being $490.00 towards current rent and an extra $60.00 for rent arrears. b. These payments will begin on Thursday 26 February 2026 and will continue to be paid weekly each Thursday until the rent arrears are paid in full.
- All money paid will go first to current rent and then to rent arrears, as established in order 2) above.
- If any payment of the current rent, or rent arrears, is not paid within five working days of the due date as indicated in order 3) above: a. the tenancy shall terminate on two days’ notice; and b. vacant possession shall be granted to Kainga Ora-Homes and Communities; and c. any remaining debt will become due and payable in full immediately.
- Order 5) applies until the debt is paid in full.
Reasons
- Ms Smith attended the hearing on behalf of the landlord. There was no appearance for the tenant.
- The landlord has applied for termination of the tenancy and rent arrears and refund of the bond. The landlord would prefer to give the tenant an opportunity to repay the debt and seeks a conditional order for termination.
- The parties attended a mediation on 26 June 2025 and an order was made by consent for paying rent arrears of $2,878 by instalments of $600, being $545 for current rent and $55 for rent arrears. The first payment was due on 3 July 2025.
- Payments were made in accordance with the order, but since 28 November 2025, instead of paying $600 a week, the tenant has been paying only $400. Therefore, the arrears have increased.
- Since 25 November 2025, the rent has been reduced to $490 as the result of a market review.
- The rent summary provided by the landlord shows that on Tuesday 24 February 2026, the tenant will owe $5,478.15 in rent arrears. Based on a daily rent of $70, the amount owing at the hearing today is 5,198.15. The rent is clearly more than 21 days in arrears. The grounds for termination are made out (See 55(1)(a) of the Residential Tenancies Act 1986.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order.
- Although the tenant did not appear at the hearing, I have granted a conditional termination order for the following reasons: a. The tenant has previously agreed to pay, and has paid $600 a week b. The landlord seeks rent arrears of $60 a week, making total payments $540 a week including current rent of $490. c. The landlord would prefer to continue the tenancy rather than terminate immediately. d. The proposed order allows the tenant a further opportunity to remedy the matter.
- I have granted a conditional termination order. I have made the first payment due on Thursday 26 February because the previous mediated order provided for payments on a Thursday.
- Section 64(4)(b) of the Residential Tenancies Act 1986 applies to this order. To enforce termination of the tenancy, the applicant must apply to the Collections Unit at the District Court for the enforcement within 90 days of the first breach of this agreement.
- Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee. The landlord may choose not to enforce that.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s5, s64(4)
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5417068?
The tribunal order states: The order made in proceedings numbered 5274461 is vacated and the amount
How much money was awarded in case 5417068?
Being: $490.00 awarded to landlord; Towards Current Rent And An Extra: $60.00 awarded to landlord
What type of tenancy dispute was case 5417068?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5417068?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13158119-Tenancy_Tribunal_Order.pdf.