Published tribunal order
Tenancy Tribunal case 4732710 — Rent arrears at 18 Hiwi Crescent, Titahi Bay, Porirua 5022
Decided 12 Feb 2024 · Published 12 Feb 2024 · Application 4732710
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Te Ahuru Mowai Limited Partnership $4,305.15 (“the debt”) being rent arrears owed to 13 February 2024.
- By consent the rent payments will be made fortnightly in advance commencing Wednesday 14 February 2024.
- [The tenant/s] must pay rent and the debt as follows: a. By fortnightly payments of $788.00, being $738.00 for rent and $50.00 for the debt. b. Payments will be every other Wednesday, with the first payment on 14/02/2024 and continuing until the debt is repaid in full.
- Payments will be allocated in the following order: rent and then rent arrears.
- The parties agree to an order that if the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 18 Hiwi Crescent, Titahi Bay, Porirua 5022 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing which took place by teleconference.
- The landlord is a social housing provider.
- The landlord seeks rent arrears and a conditional payment arrangement for the arrears. The tenant wants to repay the debt and agrees to a conditional termination.
- The landlord applied for rent arrears. The rent was 21 days in arrears when the application was filed, and the arrears have increased. The landlord notified the Tribunal on 21 November 2023 that a conditional termination order was sought.
- 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 tenant explained her difficult situation that has led to the arrears and proposed that she is able to pay $50.00 per fortnight towards the debt.
- The tenant has agreed to meet with a financial advisor arranged by the landlord to assist her.
- The tenant advised that she is paid fortnightly and would prefer to pay her rent on a fortnightly basis that coordinates with her pay day. Her next pay day is Wednesday 14 February 2024.
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- 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.