Published tribunal order
Tenancy Tribunal case 4931553 — Rent arrears at Unit/Flat Flat 1, 19 Kauika Road, Avenues, Whangarei 0110
Decided 31 Jul 2024 · Published 31 Jul 2024 · Application 4931553
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- This order replaces the mediated order that was made on 11 May 2023 in proceedings numbered 4566809.
- Mary-Liza Kahui owes Kāinga Ora–Homes And Communities $17,953.71 in rent arrears (“the debt”).
- Mary-Lisa Kahui must pay rent and the debt as follows: a. By 296 fortnightly payments of $914.00, being $854.00 for rent and $60.00 for the debt. b. A final payment of $869.71, being $854.00 for rent and $15.71 for the debt. c. Payments will be every other Thursday, with the first payment on 08 August 2024.
- Payments will be allocated in the following order: rent, rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Flat 1, 19 Kauika Road, Avenues, Whangarei 0110 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 conducted by phone.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord seeks a conditional termination. 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 had previously been to mediation and agreed a plan for payment of rent arrears. The tenant had complied with the mediated order but had then fallen behind again. Therefore the amount ordered above includes some of the arrears that were ordered in the mediated order. Accordingly this order replaces the earlier mediated order.
- The tenant explains that she has fallen behind again because she had not been able to go to work because of her health, but there has now been a change in her medication and she is able to work. She will ensure that the rent is to be taken out of her wages. 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.