Published tribunal order
Tenancy Tribunal case 5030509 — Rent arrears at 34 Misty Valley Drive, Henderson, Auckland 0612
Decided 25 Feb 2025 · Published 25 Feb 2025 · Application 5030509
- 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.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $3,701.00 (“the debt”) being rent arrears owing until 26/2/205.
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $500.00, being $472.00 for rent and $28.00 for the debt. b. Payments will be every Wednesday, with the first payment on 26/02/2025 and continuing until the debt is paid in full.
- 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 34 Misty Valley Drive, Henderson, Auckland 0612 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 is a rehearing of a previous order that was made in the tenant’s absence.
- 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. 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.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing. This order replaces the order made on 4/12/2024.
- The tenant requested name suppression. As the order is made by agreement and the landlord consents to that request, it is approved.