Published tribunal order
Tenancy Tribunal case 5438769 — Rent arrears at Unit/Flat 502, 177 Lake Road, Northcote, Auckland 0627
Decided 21 April 2026 · Published 21 April 2026 · Application 5438769
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Masoomeh Hamidi and Moheb Ali Hamidi owes Kāinga Ora–Homes And Communities $1,911.86 (“the debt”) being rent arrears to 21 April 2026.
- Masoomeh Hamidi and Moheb Ali Hamidi must pay rent and the debt as follows: a. By 38 weekly payments of $508.00, being $458.00 for rent and $50.00 for the debt 1 . b. A final payment of $469.86, being $458.00 for rent and $11.86 for the debt. c. Payments will be every Wednesday, with the first payment on 22/04/2026 and continuing until 13/01/2027.
- Payments will be allocated in the following order: current rent and rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: 1 The rent for this property is Income Related. If the current weekly rent is reviewed, the payments in Order 2 will change accordingly. The tenant is required to pay current weekly rent plus $50 until the debt is paid in full. a. The tenancy at Unit/Flat 502, 177 Lake Road, Northcote, Auckland 0627 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The landlord attended the hearing by video. The tenants did not join the hearing by the video link or using the dial-in instructions in the Notice of Hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant had been making regular payments towards the rent arrears.
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. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The landlord requested a conditional termination order, consistent with the payments the tenant has been making. I have made an order accordingly.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.