Published tribunal order
Tenancy Tribunal case 4976076 — Rent arrears at 63C Harrington Road, Henderson, Auckland 0610
Decided 18 Oct 2024 · Published 18 Oct 2024 · Application 4976076
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $5,933.00 (“the debt”) for rent arrears to 21 October 2023.
- [The tenant/s] must pay rent and the debt as follows: a. By 116 weekly payments of $350.00, being $299.00 for rent and $51.00 for the debt. b. A final payment of $316.00, being $299.00 for rent and $17.00 for the debt. c. Payments will be every Wednesday, with the first payment on 23/10/2024 and continuing until 13/01/2027.
- 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 63C Harrington Road, Henderson, Auckland 0610 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 held by teleconference.
- The parties agreed to a mediator’s Order dated 24 April 2024 (application 4838600) under which arears of $6,904.00 owed at that time were to be paid by weekly payments of $3,50.00 being $297.00 for weekly and and $51.00 towards the arrears.
- Those payment arrangements were breached by the tenant, although more recently have been stuck to.
- The landlord is comfortable with the tenant continuing to pay the arrears at the same rate but asks for a conditional termination provision to be added in case of further breach.
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 is no longer bound by the Mediator’s Order, which provides that if the payment arrangement is breached the remaining arrears will be payable in full.
- In those circumstances it is appropriate that a conditional termination Order be made on these terms with the consent of both parties.
- 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.