Published tribunal order
Tenancy Tribunal case 4815663 — Rent arrears at 25 Manse Place, Redwood, Christchurch 8051
Decided 25 Mar 2024 · Published 25 Mar 2024 · Application 4815663
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Otautahi Community Housing Trust $2,600.00 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 34 weekly payments of $330.00, being $280.00 for rent and $50.00 for the debt. b. Payments will be every Thursday, with the first payment on 28/03/2024 and continuing until 21/11/2024.
- Payments will be allocated in the following order: 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 25 Manse Place, Redwood, Christchurch 8051 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 was held by phone.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination. The tenant has responsibly met with the landlord prior to the hearing to discuss payment arrangements and these orders have been made by consent.
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.
- 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 which has been agreed to by both parties.
- 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.
- As explained at the hearing, if the tenant experiences any difficulties in meeting these orders then they should discuss with the landlord as soon as possible. Filing fee and name suppression
- The landlord did not seek the filing fee and was content to have the agreed payment arrangements formalised.
- As the parties were able to reach agreement I do not see that there is any public interest in naming the tenant. The tenant has sought name suppression and I consider that it is appropriate to make an order for name suppression in this instance.