Published tribunal order
Tenancy Tribunal case 5127909 — Rent arrears at Unit/Flat 1, 246 Vanguard Street, Nelson South, Nelson
Decided 19 Mar 2025 · Published 19 Mar 2025 · Application 5127909
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $3,048.71 (“the debt”) for rent to 11 February 2025.
- [The tenant/s] must pay rent debt as follows: a. By 152 weekly payments of $104.00, being $84.00 for rent and $20.00 for the debt. b. A final payment of $92.71, being $84.00 for rent and $8.71 for the debt. c. Payments will be every Friday, with the first payment on 14/02/2025 and continuing until 14/01/2028.
- 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 Unit/Flat 1, 246 Vanguard Street, Nelson South, Nelson 7010 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 telephone.
- 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.
- 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. Other matters
- The parties had reached an agreement regarding regular weekly payments towards the rent arrears before the hearing, and the tenant has put in place an arrangement for her rent and weekly arrears payment to be paid to the landlord from her benefit before she receives it. As an agreement was reached and actioned before the hearing I have granted suppression of the tenant’s name. In doing do all factors set out in s 95A of the Residential Tenancies Act 1986 have been considered.
- The landlord waives its right to reimbursement of the filing fee.