Published tribunal order
Tenancy Tribunal case 5153852 — Rent arrears
Decided 25 Feb 2025 · Published 25 Feb 2025 · Application 5153852
- 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 $13,554.00 (“the debt”) being rent arrears to 24 February 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 135 fortnightly payments of $794.00, being $694.00 for rent and $100.00 for the debt. b. A final payment of $748.00, being $694.00 for rent and $54.00 for the debt. c. Payments will be every other Friday, with the first payment on 28/02/2025 and continuing until 03/05/2030.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If [The tenant/s] 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.
- If [The tenant/s] fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing. Ms Maturan-Abuid represented the landlord.
- 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, as it was here, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- After hearing the parties’ evidence, 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. Accordingly, I have granted a conditional termination order which I consider just in the circumstances.
- 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.
- Given this order is made by consent, I approve suppression orders in favour of the tenant. As the landlord manages public money, I consider it in the public interest not to suppress their details.