Published tribunal order
Tenancy Tribunal case 5000309 — Rent arrears at 95 Smeaton Drive, Raumanga, Whangarei 0110
Decided 6 Nov 2024 · Published 6 Nov 2024 · Application 5000309
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $5,128.02 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 125 weekly payments of $200.00, being $159.00 for rent and $41.00 for the debt. b. A final payment of $162.02, being $159.00 for rent and $3.02 for the debt. c. Payments will be every Thursday, with the first payment on 14/11/2024 and continuing until 08/04/2027.
- 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 95 Smeaton Drive, Raumanga, Whangarei 0110 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- As the arrangement is set in place for some time there may be rent changes that occur during the term. If the current rent changes, the order will still be for the current rent and the $41.00 for the arrears.
Reasons
- Both parties attended the hearing.
- The landlord had applied for termination of the tenancy for rent arrears. The tenant wants to repay the debt to avoid immediate termination.
- The parties have entered into an agreement which is reflected by this consent order. However, for completeness I set out what a conditional termination is about and the ongoing obligation the tenant has under a conditional termination order.
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 applied for rent arrears and has provided rent records which prove the amount of $5128.02 owing as of 6 November 2024.
- I am satisfied that the landlord has proven their claim for rent arrears.
- I am also 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.
- As this is a consent order the names and identifying details of the parties will not be published. However, out of an abundance of caution I also grant suppression of the tenant’s name and identifying details. This is supported by the landlord.