Published tribunal order
Tenancy Tribunal case 5074788 — Rent arrears at Unit 3, 276 King Street, Rangiora 7400
Decided 19 Dec 2024 · Published 19 Dec 2024 · Application 5074788
- 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.
- Christina Ziggy-May Te Namu owes Kāinga Ora–Homes and Communities $1,455.28 (“the debt”) being rent arrears to 23 December 2024.
- Christina Ziggy-May Te Namu must pay rent and the debt as follows: a. By 103 weekly payments of $200.00, being $186.00 for rent and $14.00 for the debt. b. A final payment of $199.28, being $186.00 for rent and $13.28 for the debt. c. Payments will be every Tuesday, with the first payment on 24 December 2024 and continuing until 15 December 2026.
- 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 Unit 3, 276 King Street, Rangiora 7400 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 to a conditional termination order and so I have made the 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.
- I have granted the tenant name suppression. She got into arrears early in the tenancy due to having no income. Since she had had an income, she has paid the rent and a payment towards the arrears. It would be unfair to her for her name to be publicly available in those circumstances. There is no countervailing public interest in having her name published.