Published tribunal order
Tenancy Tribunal case 5004895 — Rent arrears at Unit/Flat Flat 5, 62A Banks Road, Mount Wellington,
Decided 17 Oct 2024 · Published 17 Oct 2024 · Application 5004895
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Peter Verschaffelt owes Kāinga Ora–Homes and Communities $5,243.84 (“the debt”) being rent arrears to 17 October 2024 (not including any payments received after 16 October 2024).
- Peter Verschaffelt must pay rent and the debt as follows: a. By 52 weekly payments of $493.00, being $393.00 for rent and $100.00 for the debt. b. A final payment of $436.84, being $393.00 for rent and $43.84 for the debt. c. Payments will be every Thursday, with the first payment on 24/10/2024 and continuing until 23/10/2025.
- If the tenant’s weekly rent is reduced then the weekly rent payment set out in Order 2 above will be adjusted accordingly but the payment of $100.00 per week for the debt will continue as ordered.
- Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Flat 5, 62A Banks Road, Mount Wellington, Auckland 1060 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 phone. The landlord was represented by Ms Smith.
- The landlord has applied for termination of the tenancy and for rent arrears but has explained that they would consent to a conditional termination order.
- The tenant wants to repay the debt and also seeks 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.
- I am satisfied that Mr Verschaffelt will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach.
- Mr Verschaffelt explained that the arrears had occurred due to circumstances outside his control and that he wants to repay the arrears as soon as possible. He is able to make an additional payment of $100.00 per week until the arrears are paid. I have therefore 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.
- At the hearing Mr Verschaffelt raised a concern that if he was not able to continue in employment for any reason his income would be reduced and his rent would likely then also reduce as income related rent. In those circumstances he would not be able to continue to pay his current rent payments together with an additional $100.00 per week as set out in Order 2 above. I have therefore made provision that in such circumstances the weekly rent amount in Order 2 would reduce but the payment of $100.00 for the debt would continue. Filing fee and name suppression
- The landlord did not seek reimbursement of the filing fee. Neither party sought an order for name suppression.