Published tribunal order
Tenancy Tribunal case 5077848 — Rent arrears
Decided 7 Jan 2025 · Published 7 Jan 2025 · Application 5077848
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $1,710.00 (“the debt”), being rent arrears to 19 December 2024.
- [The tenant/s] must pay rent and the debt as follows: a. By fortnightly payments of $640.00, being $600.00 for fortnightly rent and an extra $40.00 per fortnight towards the debt. b. The first fortnightly payment of $640.00 is to be made on Tuesday 31 December 2024. Subsequent payments of $640.00 are to be made fortnightly starting on Wednesday 15 January 2025, continuing every second Wednesday after that until the debt is paid in full.
- Payments will be allocated in the following order: rent, then rent arrears.
- 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.
- This order replaces mediator’s order dated 9 October 2024, sealed on 16 October 2024 in application [application number redacted].
Reasons
- Ms Smith, representing the landlord, and the tenant, both attended the teleconference hearing.
- The landlord has applied for termination of the tenancy and rent arrears. 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 (“RTA”).
- 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.
- This order replaces mediator’s order dated 9 October 2024, sealed on 16 October 2024 in application [application number redacted]. Suppression
- The tenant requested name suppression. Section 95A(4) RTA provides that 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.
- The tenant has children and grandchildren and is currently working in a government job. She discussed personal circumstances recently which have impacted on her ability to earn income and pay rent consistently, which she said she is addressing now. In the circumstances, given the evidence and that the tenancy is continuing, I find the tenant’s interests outweigh the public interest in publishing her name. Therefore, I order that the tenant’s name and identifying details are not to be published.