Published tribunal order
Tenancy Tribunal case 4976196 — Rent arrears at Unit/Flat Flat 6, 312 Blockhouse Bay Road, Avondale,
Decided 17 Oct 2024 · Published 17 Oct 2024 · Application 4976196
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $4,483.00 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By fortnightly payments of $550.00, being $480.00 for rent and $70.00 towards the debt, starting on Thursday 17 October 2024 and payable every second Thursday after that, until the debt is repaid in full.
- 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 Flat 6, 312 Blockhouse Bay Road, Avondale, Auckland 0600 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.
- This order replaces the mediator’s order dated 29 May 2024, sealed on 29 May 2024, in application 4874962.
Reasons
- Ms Rea attended the teleconference hearing on behalf of the landlord. [The tenant/s] also attended the teleconference 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 provided a rent summary which indicated the tenant has been making regular payments for rent and towards the debt over the past several months, apart from a brief period. The tenant said the rent arrears issues arose from a time when he was experiencing mental health issues for a lengthy period and lost his job. He said he now has support in place for his mental health and is working again.
- 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 (“RTA”).
- This order replaces the mediator’s order dated 29 May 2024, sealed on 29 May 2024, in application 4874962. Suppression
- The tenant requested name suppression whereas the landlord did not request name suppression. The landlord supported the tenant’s request for name suppression.
- Section 95A(4) RTA provides that the Tribunal may grant suppression if the party’s interest outweighs the public interest in publishing their name. Given the evidence of the drug-resistant mental health issues experienced by the tenant and of his circumstances that have changed significantly since then, such that he is now working again, has support in place for his health and has continued to make regular rent and debt payments for several months, I find the tenant’s interests outweigh the public interest in publishing his name. Therefore, I order that the tenant’s name and identifying details are not to be published.