Published tribunal order
Tenancy Tribunal case 5104278 — Rent arrears at 123 Stenhope Crescent, Corstorphine, Dunedin 9018
Decided 25 Feb 2025 · Published 25 Feb 2025 · Application 5104278
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Ashleigh Jane Anderson-Tily owes Kāinga Ora–Homes And Communities $16,516.00 (“the debt”), being rent arrears to 3 March 2025.
- Ashleigh Jane Anderson-Tily must pay rent and the debt as follows: a. By 330 fortnightly payments of $370.00, being $320.00 for rent and $50.00 for the debt. b. A final payment of $336.00, being $320.00 for rent and $16.00 for the debt. c. Payments will be every other Tuesday, with the first payment on 04/03/2025 and continuing until 27/10/2037 or earlier if the debt is repaid quicker.
- 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 123 Stenhope Crescent, Corstorphine, Dunedin 9018 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. I was satisfied adequate service had completed and I continued with the hearing after the delayed second call also went unanswered.
- The landlord has applied for termination of the tenancy and rent arrears. The landlord wants to provide the tenant a final opportunity 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.
- I am satisfied, by the finest margin, 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. This decision is based on the recent rent payments including an additional amount towards the rent arrears. That indicated some intent – the barrier to this tenancy continuing is the frequency of the rent payments made by the tenant. It is for the tenant to ensure rent and payments to rent arrears are made per this order. If not, termination of the tenancy is fully justified. It is hoped she seizes this final opportunity.
- 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. Suppression
- Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- Further, 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 landlord did not request suppression in its application and no landlord name suppression is ordered.
- At the hearing the landlord made what appears to be a blanket request for tenant name suppression, as seen in other similar applications. There were no specific reasons provided for this request apart from a belief “the privacy of our tenant outweighs the public interest in this matter”. Respectfully, the public interest in orders, where termination by order is a possibility, being available (as is the default) is such that some special reason should exist for any order of tenant name suppression. No suppression order is made.