Published tribunal order
Tenancy Tribunal case 5097748 — Rent arrears at Unit/Flat 7, 15 Alexandra Street, Richmond, Christchurch
Decided 18 Dec 2024 · Published 18 Dec 2024 · Application 5097748
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- An application for suppression has been made and the Tribunal orders suppression of the tenant’s name and identifying details.
- [The tenant] owes Kāinga Ora–Homes and Communities $1,207.43 (“the debt”), being rent arrears to 23 December 2024.
- [The tenant] must pay rent and the debt as follows: a. By 24 weekly payments of $138.00, being $88.00 for rent and $50.00 for the debt. b. A final payment of $95.43, being $88.00 for rent and $7.43 for the debt. c. Payments will be every Tuesday, with the first payment on 24/12/2024 and continuing until 10/06/2025.
- Payments will be allocated in the following order: rent and 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 Unit/Flat 7, 15 Alexandra Street, Richmond, Christchurch 8013 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 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 (s 55(1)(a) and (1A) Residential Tenancies Act 1986).
- The parties have agreed on an instalment plan for repaying the debt. 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 therefore 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 (s 64(4)(b) RTA).
- The landlord did not apply for the filing fee and requested name suppression for the tenant. J P Smith 18 December 2024