Published tribunal order
Tenancy Tribunal case 5044648 — Rent arrears at 29 Mervan Street, Mangere East, Auckland 2024
Decided 29 Nov 2024 · Published 29 Nov 2024 · Application 5044648
- 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 name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $525.00 (“the debt”) being rent arrears for the week ending Monday 2 December 2024.
- [The tenant/s] must pay rent and the debt as follows: a. By 8 weekly payments of $271.00, being $211.00 for rent and $60.00 for the debt. b. A final payment of $256.00, being $211.00 for rent and $45.00 for the debt. c. Payments will be every Tuesday, with the first payment on 03/12/2024 and continuing until 28/01/2025.
- Payments will be allocated in the following order: rent, 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 29 Mervan Street, Mangere East, Auckland 2024 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, rent arrears and refund of the bond. The tenant has been repaying the debt to avoid immediate termination and both parties wish to formalise the repayment arrangement agreed.
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 continue to 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 with the consent of both parties.
- 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 the order has been made by consent and has been made to formalise a repayment arrangement already in place, it is appropriate to suppress the tenant’s name and identifying details as requested.