Published tribunal order
Tenancy Tribunal case 5009548 — Rent arrears
Decided 2 Dec 2024 · Published 2 Dec 2024 · Application 5009548
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities (the debt).
- [The tenant/s] must pay rent and the debt as follows: a. By 385 weekly payments of $224.00, being $194.00 for rent and $30.00 for the debt. b. A final payment of $218.76, being $194.00 for rent and $24.76 for the debt. c. Payments will be every Tuesday, with the first payment on 22 October 2024, and continuing until the debt is repaid.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenants fail 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. b. The balance of the debt will be payable immediately.
- By consent, I order that the tenants’ names and identifying details are supressed.
Reasons
- Both parties attended the hearing by phone.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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.
- 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. The tenancy began in January 2015. There has been a history of non-payment by the tenant. However, the Landlord tells me they have been in a position of hardship, and they are engaging meaningfully and are committed to staying at the premises, meeting their payment obligations and satisfying their rent debt. The Landlord says the Tenant is likely to receive a grant, also, which will be paid directly towards the rent arrears. 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.
- I grant suppression on the Landlord’s request, in light of the parties’ collective accounts concerning the Tenants’ recent hardship.