Published tribunal order
Tenancy Tribunal case 4984449 — Rent arrears at 47 Redgrave Street, Hoon Hay, Christchurch 8025
Decided 4 Oct 2024 · Published 4 Oct 2024 · Application 4984449
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Adam Travis owes Kāinga Ora–Homes and Communities $2,294.00 (“the debt”) for rent arrears to 8 October 2024.
- Adam Travis must pay rent and the debt as follows: a. By 114 weekly payments of $104.00, being $84.00 for rent and $20.00 for the debt. b. A final payment of $98.00, being $84.00 for rent and $14.00 for the debt. c. Payments will be every Wednesday, with the first payment on 09/10/2024 and continuing until 16/12/2026.
- Payments will be allocated in the following order: rent and rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 47 Redgrave Street, Hoon Hay, Christchurch 8025 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The landlord attended the hearing. The tenant did not attend the hearing and did not answer when telephoned on the number ending in 707.
- The landlord has applied for termination of the tenancy and rent arrears. The landlord wants the tenant 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 has provided rent records which prove the outstanding rent arrears of $2,294.00 through to 8 October 2024.
- The landlord has proposed a payment plan for an extra $20.00 per week in addition to the weekly rent. They say this is a sustainable amount. 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. R Harvey-Lane 04 October 2024