Published tribunal order
Tenancy Tribunal case 5045531 — Rent arrears at 342 Warspite Avenue, Waitangirua, Porirua 5024
Decided 4 Nov 2024 · Published 4 Nov 2024 · Application 5045531
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Faigame Faalupega owes Kāinga Ora–Homes And Communities $7,782.00 (the debt).
- Faigame Faalupega must pay rent and the debt as follows: a. By 518 weekly payments of $200.00, being $185.00 for current rent and $15.00 for the debt. b. A final payment of $187.00, being $185.00 for current rent and $2.00 for the debt. c. Payments will be every Monday, with the first payment on 4 November 2024.
- Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 342 Warspite Avenue, Waitangirua, Porirua 5024 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing by telephone.
- 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. The Landlord is open to this approach and consider the Tenant will continue to pay of the rent arrears debt.
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 Tenant has had a recent rent review, the Landlord says, and their rent is now in-line with market rent. The current rent is $185.00. I cannot be sure whether this is in-line with market rent or not. I find the rent to be affordable for this tenant, who is in receipt of a benefit and shares the home with one or more individuals.
- $15.00 is a modest amount which the Tenant can afford to pay, on top of the current rent. It is also affordable viewed from the perspective of a person receiving social welfare support.
- The Tenant has given the Landlord their word that they will prioritise paying their rent before anything else. The Tenant spoke broken English and should really have had an interpreter but did understand that this was a “last chance” to keep their tenancy and they would need to be financially responsible and stop sending money to family going forward.
- 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 decline to grant name suppression as I believe the public should be kept informed of how cases like this are being handled by Kaingaroa, IRD and the Tenancy Tribunal