Published tribunal order
Tenancy Tribunal case 4973413 — Rent arrears at Unit/Flat 2, 126 Ti Rakau Drive, Pakuranga, Auckland 2010
Decided 31 Oct 2024 · Published 31 Oct 2024 · Application 4973413
- Rent arrears
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Kāinga Ora–Homes and Communities $4,650.14 being rent arrears to 31 October 2024, including rent arrears ordered on 7 August 2024 of $2,636.00. (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $118.00, being $88.00 for rent and $30.00 for the debt. b. Payments will be every Tuesday with the first payment on Tuesday 5 November 2024 and continuing until the debt is paid in full .
- Payments will be allocated in the following order: rent, rent arrears.
- If the tenant fails to pay rent and rent arrears within 7 working days of the due dates: a. The tenancy at Unit/Flat 2, 126 Ti Rakau Drive, Pakuranga, Auckland 2010 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- This order incorporates the Tribunal order made on 7 August 2023 under application 4627489.
Reasons
- Both parties attended the hearing. The landlord connected by teams conference call and the tenant attended by phone.
- 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 provided rent records which prove the amount owing.
- The tenant’s rent has recently reduced because of an Income related rent review. The tenant has been paying the rent and an additional amount towards the rent since the IRR review.
- 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.
- On 7 August 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 1 August 2023 of $2,636.00. The previous order is incorporated into this order for enforcement purposes.
- As this order is made by consent and having regards to the interests of the parties and the public interest, I have made an order suppressing the tenant’s name and identifying details. See section 95A of the Residential Tenancies Act 1986.