Published tribunal order
Tenancy Tribunal case 4995849 — Rent arrears
Decided 19 Nov 2024 · Published 19 Nov 2024 · Application 4995849
- 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 and tenancy address.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $5,797.14 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $251.00, being $229.00 for weekly rent and $22.00 per week towards the debt, every Monday, starting on Monday 18 November 2024, 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 [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. a. 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 10 July 2023, sealed on 11 July 2023, in application 4585671.
Reasons
- Ms Rea, representing the landlord, and the tenant, both attended the teleconference hearing.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants 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 (“RTA”).
- 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) RTA.
- This order replaces the mediator’s order dated 10 July 2023, sealed on 11 July 2023, in application 4585671. Suppression
- The landlord did not request name suppression. The tenant requested name suppression.
- Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- The tenant said she has borrowed funds and has arranged to repay the entire debt. I note from the rent summary that the tenant has been making regular rent payments in addition to weekly additional payments towards the debt for some time. In the circumstances, and given the evidence, I find that the tenant’s interests outweigh the public interest in publishing her name. Therefore, I order that the tenant’s name and identifying details and the tenancy address are not to be published.