Published tribunal order
Tenancy Tribunal case 5069230 — Rent arrears at 8 Hampshire Street, Aranui, Christchurch 8061
Decided 11 Dec 2024 · Published 11 Dec 2024 · Application 5069230
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Tafea Saito owes Kāinga Ora–Homes And Communities $2,729.00 in rent arrears to 16 December 2024 (“the debt”).
- Tafea Saito must pay rent and the debt as follows: a. By one payment of $212.00 on 13 December 2024 for rent. b. By 272 weekly payments of $222.00, being $212.00 for rent and $10.00 for the debt. c. A final payment of $221.00, being $212.00 for rent and $9.00 for the debt. d. Payments will be every Friday, with the first payment on 20/12/2024 and continuing until 08/03/2030.
- 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 8 Hampshire Street, Aranui, Christchurch 8061 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Ms Rea attended the hearing on behalf of the landlord. The tenant did not attend.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- The landlord acknowledges that the tenant has been in arrears since 2020 with the maximum arrears amount being $3,602.00 in May 2024.
- At various times the tenant has had long periods of making regular payments as well as payments of amounts towards the arrears.
- The tenant has made such payments over recent weeks and has amended her automatic payment to ensure rent payments are received in the correct landlord account (which they had not been previously).
- The landlord is willing to allow the tenant to have time to continue to pay off the arrears.
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 amount specified in the order is the minimum amount the tenant is to pay.
- Any additional payments towards arrears must be taken into account prior to any termination order being enforced. Name suppression and filing fee
- An application for suppression has been made in this case for suppression of the tenant’s details. The tenant has not been successful and, indeed, did not attend the hearing. No suppression orders can therefore be made.
- The applicant has not claimed a filing fee and does not wish to do so.