Published tribunal order
Tenancy Tribunal case 4785400 — Rent arrears at 37 Ward Street, Cobden, Greymouth 7802
Decided 5 Jun 2024 · Published 5 Jun 2024 · Application 4785400
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- David Ferguson owes Kāinga Ora–Homes And Communities $25,087.28 being rent arrears and rent due to 12 June 2024 (“the debt”).
- David Ferguson must pay current rent and the debt as follows: a. By weekly payments of $108.00, being $88.00 for rent and $20.00 for the debt. b. A final payment of $95.28, being $88.00 for rent and $7.28 for the debt. c. Payments will be every Wednesday, with the first payment on 12/06/2024 and continuing until the debt is paid in full.
- Payments will be allocated in the following order: current rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 37 Ward Street, Cobden, Greymouth 7802 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 by telephone.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
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 parties have agreed a repayment plan as recorded in Order 2 above.
- 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.