Published tribunal order
Tenancy Tribunal case 5127872 — Rent arrears
Decided 20 Feb 2025 · Published 20 Feb 2025 · Application 5127872
- 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/s] owes Kāinga Ora–Homes And Communities $8,800.14 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $212.00, being $168.00 for rent and $44.00 for the debt. b. Payments will be every other Thursday, with the next payment due on 20/02/2025 and continuing until 21/10/2032.
- Payments will be allocated in the following order: rent and 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.
Reasons
- Both parties attended the hearing which was held by teleconference
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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.
- The tenant has explained that her rent payments are made through a direct debit arrangement with the Ministry of Social Development (MSD). However, she is unclear how the arrears have accumulated and has already raised this issue with MSD, though she has not yet received a response. While the ultimate responsibility for ensuring rent is paid on time rests with the tenant, she has demonstrated a clear intent to rectify the situation. She has actively engaged with MSD and taken steps to meet her obligations.
- In addition, the tenant has committed to a repayment plan, which she has been adhering to for some time. This demonstrates her willingness to take responsibility for the outstanding debt and her ongoing financial obligations. Importantly, the landlord has agreed to this repayment arrangement, showing a mutual willingness to resolve the issue without resorting to the immediate termination of the tenancy.
- Given these factors, it seems reasonable to grant a conditional termination order. The tenant has demonstrated both a willingness and ability to pay the debt and there is no indication that they are likely to commit any further relevant breach. I have granted a conditional termination order. The conditional termination order allows for the continuation of the tenancy as long as the tenants fulfil their obligations.
- 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 order
- The landlord does not seek a suppression order. However, as this is effectively a consent order, it is reasonable and appropriate to suppress the tenant’s name and identifying details.