Published tribunal order
Tenancy Tribunal case 4970393 — Rent arrears
Decided 20 Sept 2024 · Published 20 Sept 2024 · Application 4970393
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $8,133.00 for rent arrears to 23 September 2024 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 81 fortnightly payments of $834.00, being $734.00 for rent and $100.00 for the debt. b. A final payment of $767.00, being $734.00 for rent and $33.00 for the debt. c. Payments will be every other Thursday, with the first payment on 03/10/2024 and continuing until 11/11/2027.
- Payments will be allocated in the following order: rent and rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] 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 landlord has applied for a conditional 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 has provided rent records which prove the amount owing of $8,133.00 through to 23 September 2024.
- 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.
- At the hearing, the landlord sought name suppression for the tenant, on the basis that the interests of the tenant outweigh the public interest of publication, and I have granted suppression accordingly. R Harvey-Lane 20 September 2024