Published tribunal order
Tenancy Tribunal case 5072108 — Rent arrears at 26 Dewsbury Grove, Wainuiomata, Lower Hutt 5014
Decided 19 Dec 2024 · Published 19 Dec 2024 · Application 5072108
- 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’s name and identifying details.
- [The tenant] owes Kāinga Ora–Homes and Communities $8,116.00 (“the debt”) being rent arrears to 18 December 2024.
- [The tenant] must pay rent and the debt as follows: a. By 149 weekly payments of $300.00, being $247.00 for rent and $53.00 for the debt. b. A final payment of $288.00, being $247.00 for rent and $41.00 for the debt. c. Payments will be every Friday, with the first payment on 20 December 2024 and continuing until 29 October 2027.
- The rent is income related and if the rent changes, the amount payable for rent in this order will change to the then current rent from the date that the change takes effect. The $53 payable for the debt will remain unchanged. Following any change in the rent, this order will take effect and be enforceable as if the current rent is substituted for the rent stated above.
- Payments will be allocated in the following order: 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 26 Dewsbury Grove, Wainuiomata, Lower Hutt 5014 will terminate, and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The hearing was conducted by telephone. Both parties attended.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
- 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.
- The parties have agreed the terms of a conditional termination order and so I have made an order in the agreed terms.
- 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.
- This is a long-standing tenancy, the landlord wants the tenant to remain in the premises paying the rent and the tenant has demonstrated some commitment recently to paying the rent and the arrears. Given that, and the fact that this order has been made by consent, it is appropriate to grant the tenant name suppression. There are no compelling countervailing reasons why the tenant’s name should be made public.