Published tribunal order
Tenancy Tribunal case 5128469 — Rent arrears
Decided 2 Apr 2025 · Published 2 Apr 2025 · Application 5128469
- 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 name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $1,099.00 (“the debt”) for rent arrears to 2 April 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 54 weekly payments of $372.00, being $352.00 for rent and $20.00 for the debt. b. A final payment of $371.00, being $352.00 for rent and $19.00 for the debt. c. Payments will be every Thursday, with the first payment on 03/04/2025 and continuing until 16/04/2026.
- Payments will be allocated in the following order: rent, 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 via teleconference.
- The landlord has applied for conditional termination of the tenancy and rent arrears.
- The tenant wants to repay the debt to avoid immediate termination. The tenant has been paying $10.00 per week towards the debt and has agreed to increase this to $20.000 per week.
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.
- It is appropriate to grant name suppression for the tenant as he has been making efforts to pay the debt and has agreed to increase his weekly payments.
- The landlord request for name suppression for the tenant is granted.