Published tribunal order
Tenancy Tribunal case 5053797 — Rent arrears at 196 Sievers Grove, Cannons Creek, Porirua 5024
Decided 4 Dec 2024 · Published 4 Dec 2024 · Application 5053797
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Fialuma Ah-Chan owes Kāinga Ora–Homes And Communities $8,309.00 (“the debt”) as at 4 December 2024.
- Fialuma Ah-Chan must pay rent and the debt as follows: a. by 103 fortnightly payments of $398.00, being $318.00 for rent and $80.00 for the debt. b. Payments will be every other Wednesday, with the first payment on 18/12/2024 and continuing until the debt is paid in full. c. In the event that the rent is re-assessed at more than the current rent of $159.00 a week, the newly assessed rent must be paid fortnightly as well as $80.00 a fortnight for the debt.
- Payments will be allocated in the following order: rent, and rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 196 Sievers Grove, Cannons Creek, Porirua 5024 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 was held 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.
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 tenant is likely to have her rent reassessed (income related rent) in the near future as she is now employed full-time. When the assessment is done the tenant will be liable to pay the newly assessed rent as well as $40.00 per week towards the rent arrears. As set out in the order above failure to make these payments will result in the tenancy terminating.
- The landlord has waived its right to reimbursement of the filing fee.
- The landlord made an application to suppress the tenant’s name on the basis that publication of the order may affect the tenant’s applications for future rentals. However this is not a sufficient reason for the Tribunal to order suppression. Future landlords are generally entitled to know if a person they are considering as a tenant has a history of rental arrears (see s 95A, RTA).