Published tribunal order
Tenancy Tribunal case 4922213 — Rent arrears at Unit/Flat 2, 15 Hammond Place, Spreydon, Christchurch
Decided 6 Aug 2024 · Published 6 Aug 2024 · Application 4922213
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Bibi Fahima Baura owes Kāinga Ora–Homes And Communities $6,732.87 (“the debt”) being rent arrears to 5 August 2024.
- Bibi Fahima Baura must pay rent and the debt as follows: a. By 224 weekly payments of $260.00, being $230.00 for rent and $30.00 for the debt. b. A final payment of $242.87, being $230.00 for rent and $12.87 for the debt. c. Payments will be every Wednesday, with the first payment on 07/08/2024 and continuing until 22/11/2028.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 2, 15 Hammond Place, Spreydon, Christchurch 8024 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing.
- 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 landlord agreed that the tenant could pay the arrears at a rate of $30.00 per week. As such, I have granted a conditional termination order. 1
- 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. That means that the landlord could regain possession of the property, without seeking a further order from the Tribunal. See section 64(4)(b) Residential Tenancies Act 1986.