Published tribunal order
Tenancy Tribunal case 4978187 — Rent arrears at Unit/Flat Unit 6, 193 Beach Haven Road, Beach Haven,
Decided 18 Oct 2024 · Published 18 Oct 2024 · Application 4978187
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $2,182.00 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 11 weekly payments of $350.00, being $152.00 for rent and $198.00 for the debt. b. A final payment of $156.00, being $152.00 for rent and $4.00 for the debt. c. Payments will be every Wednesday, with the first payment on 16/10/2024 and continuing until 01/01/2025.
- 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 Unit 6, 193 Beach Haven Road, Beach Haven, Auckland 0626 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 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 terms of the conditional order are a continuation of arrangements that the two parties put in place of their own accord in August 2024. The arrangement has not been breached. The tenant reports that the current arrangement is sustainable and that she will be working through the Christmas period and does not anticipate that being any impediment to complying with the arrangements.
- In the circumstances, 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. Name suppression
- During the hearing the respondent requested name suppression. The applicant was supportive of the respondent’s request. I accept the reasons given in the course of the hearing as legitimate and I grant the request.