Published tribunal order
Tenancy Tribunal case 4977587 — Rent arrears at 44 Trias Road, Totara Vale, Auckland 0629
Decided 16 Oct 2024 · Published 16 Oct 2024 · Application 4977587
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $5,300.03 (“the debt”), being rent arrears to 16 October 2024.
- [The tenant/s] must pay rent and the debt as follows: a. By fortnightly payments of $500.00, being paid as $250.00 on Friday of the week 1, starting Friday 18 October 2024, and being paid additionally as a further $250.00 on the following Wednesday of week 2, starting Wednesday 23 October 2024. b. The fortnightly payments of $500.00 include $200.00 each week for rent, for a sub-total of $400.00 fortnightly for rent, plus an additional $100.00 per fortnight towards the debt. c. The payments are to continue until the debt is paid 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 44 Trias Road, Totara Vale, Auckland 0629 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 orders in applications 4085099, 4120453, 4146061, 4238724 and 4746550.
Reasons
- Ms Perese attended the teleconference hearing on behalf of the landlord, as did [The tenant/s].
- The landlord has applied for termination of the tenancy and for 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 tenant is the subject of 5 previous mediator’s orders in relation to rent arrears. She described past difficulties she has had in holding down a job whilst being a single mother to her 4 children. The tenant said she has had a permanent full-time job since April 2024, that her children are now older, with her eldest child being 17 years old and so the children are more independent. She said this in turn allows her to focus on her job more. She said she is doing well at her current job and they are supportive of her situation. The tenant said she missed one rent payment at the end of June 2024, when her mother passed away and she had to use money for funeral expenses. The tenant indicated she had told the landlord about this. She said she made up for missing that rent payment in later payments.
- The rent summary provided by the landlord showed the tenant has made a significant effort to pay rent regularly and reduce the rent arrears owing more recently. As the tenant said, the rent arrears were much higher a while ago, more than double what the rent arrears are now, and she has managed to whittle down what she owes in rent over time. The rent summary showed the tenant has been making regular payments of $500.00/fortnight over the past several months without incident, aside from the missed rent payment due to her mother’s funeral costs.
- 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 orders in applications 4085099, 4120453, 4146061, 4238724 and 4746550.
- The tenant requested name suppression. Section 95A(4) RTA provides for the Tribunal to grant suppression if the party’s interests outweigh the public interest in publishing their name. The landlord supported the tenant’s request for name suppression. The tenant has young children and has made significant efforts more recently to address the rent arrears. In the circumstances and given the evidence, I find the tenant’s interests outweigh the public interest in publishing her name. Therefore, I order that the tenant’s name and identifying details are not to be published.