Published tribunal order
Tenancy Tribunal case 5041129 — Rent arrears
Decided 30 Oct 2024 · Published 30 Oct 2024 · Application 5041129
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $2,588.00 (“the debt”) being rent arrears due and owing to 4 November 2024.
- [The tenant/s] must pay rent and the debt as follows: a. By 64 weekly payments of $220.00, being $180.00 for rent and $40.00 for the debt. b. A final payment of $208.00, being $180.00 for rent and $28.00 for the debt. c. Payments will be every Tuesday, with the first payment on 05/11/2024 and continuing until 27/01/2026.
- Payments will be allocated in the following order: rent, rent arrears.
- 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. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing by teleconference.
- The landlord has applied for termination of the tenancy and rent arrears.
- The tenant wants to repay the debt to avoid immediate termination and the landlord is in agreement.
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 requested name suppression for the tenant, and I exercise my discretion to do so. There is no public interest in publishing the tenant’s details, particularly when the order is made by agreement of the parties.