Published tribunal order
Tenancy Tribunal case 4890283 — Rent arrears at 52B Kelman Road, Kelston, Auckland 0602
Decided 17 Sept 2024 · Published 17 Sept 2024 · Application 4890283
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Kāinga Ora–Homes and Communities $3,944.28 (“the debt”) being rent arrears (together with one further day payable in advance) owing to 18 September 2024.
- [The tenant/s] must pay rent and the debt as follows: a. By 98 weekly payments of $192.00, being $152.00 for rent and $40.00 for the debt. b. A final payment of $176.28, being $152.00 for rent and $24.28 for the debt. c. Payments will be every Thursday, with the first payment on 19/09/2024 and continuing until 06/08/2026.
- 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 52B Kelman Road, Kelston, Auckland 0602 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. The tenant appeared with a support person. The landlord was represented by Ms Waata and Ms William.
- The landlord has applied for termination of the tenancy and rent arrears but have indicated that they are prepared for a conditional termination order to be made to enable to the tenant to remain in the tenancy while repaying the debt.
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 have reviewed the documents filed by the landlord and am satisfied that the rent was more than 21 days in arrears at the date the application was filed.
- The tenant has had some difficult circumstances which have led to the current arrears. I have heard from the tenant today and 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.
- The landlord did not seek reimbursement of the filing fee.
- The tenant sought an order for name suppression pursuant to section 95A RTA. The tenant responsibly attended the hearing today and has been open about her circumstances and weekly payments she is able to make. In the circumstances I do not consider that there is any public interest in publication of her name, and I exercise my discretion to make an order for name suppression.
- The tenant must ensure that all payments are made in accordance with this order so that her tenancy does not terminate. If she had any concerns or difficulties with making payments as ordered she should contact her Tenancy Manager urgently to discuss.