Published tribunal order
Tenancy Tribunal case 4982530 — Rent arrears
Decided 17 Oct 2024 · Published 17 Oct 2024 · Application 4982530
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Kāinga Ora–Homes and Communities $6,858.00 (“the debt”) being rent arrears and current rent to 18 October 2024.
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $224.00, being $204.00 for rent and $20.00 for the debt. b. Payments will be every Tuesday, with the first payment on 22/10/2024 and continuing until 13/05/2031.
- 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 [Tenancy address suppressed] 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 by phone.
- The landlord has applied for termination of the tenancy and rent arrears. Rent arrears
- The landlord provided rent records which prove the amount owing to 18 October 2024 is $6,858.00 and I make this order in full. The rent arrears orders are not disputed.
- 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.
- On reviewing the rent records and hearing from the parties 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. Suppression
- 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 parties names and identifying details.