Published tribunal order
Tenancy Tribunal case 5066010 — Rent arrears
Decided 17 Dec 2024 · Published 17 Dec 2024 · Application 5066010
- Rent arrears
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 $4,279.75 (“the debt”) 1 , being rent and rent arrears to 24 December 2024.
- [The tenant/s] must pay rent and the debt as follows: a. By weekly rent payments of $394.00 now and the current weekly rent as due after any subsequent change in rent 2 . Payments will be every Wednesday, with the first payment on 25/12/2024 and continuing thereafter. b. By an additional weekly payment of $20.00 towards the debt. Payments will be every Wednesday, with the first payment on 25/12/2024 and continuing until the debt is paid.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee. 1 The tenants advised a payment of $300.00 was recently made but if so, it is not reflected in this total and the total will reduce accordingly if received. 2 A rent increase to $428.00 per week has been notified to the tenants, effective 22 January 2025.
- 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.
- 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. There was significant engagement in the hearing by the tenants and they have been attempting for some time to address the issue, albeit unsuccessfully. They appear committed to honouring the terms of this order and have taken steps to get third-party assistance with their budget and payment process for rent.
- 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. Suppression
- Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- Public interest is such orders being available, especially to potential future landlords is important. In this instance, I have determined it appropriate to exercise my initiative and suppress the tenants’ details. This is based on the rent arrears growing rapidly after a big increase in weekly rent due to a reassessment of their financial circumstances, as well as their engagement in this hearing to establish the terms as ordered. They have extended themselves beyond what the landlord would have settled for in what appears to be a genuine attempt to do what is required to keep this tenancy. I wish them luck with that.