Published tribunal order
Tenancy Tribunal case 5156011 — Rent arrears at 12 Travis Street, Brockville, Dunedin 9011
Decided 1 Apr 2025 · Published 1 Apr 2025 · Application 5156011
Landlord favoured
- Rent arrears
Order
- Mikayla Mclaughlan owes Kāinga Ora–Homes And Communities $3,986.14 (“the debt”) being rent arrears of $3600.14 to 31 March 2025 and glazing of $386.00.
- Mikayla Mclaughlan must pay rent and the debt as follows: a. By 113 weekly payments of $354.00, being $319.00 for rent and $35.00 for the debt. b. A final payment of $350.14, being $319.00 for rent and $31.14 for the debt. c. Payments will be every Wednesday, with the first payment on 02/04/2025 and continuing until 02/06/2027. d. Should the current rent be varied by the landlord then the weekly payments shall be amended so that the tenant’s payments remain at the then current rent plus $35.00 per week.
- Payments will be allocated in the following order: rent, rent arrears, and the glazing costs.
- If the tenant fails to pay rent and an instalment of the debt repayment as required under Order 2 within 2 working days of the due dates: a. The tenancy at 12 Travis Street, Brockville, Dunedin 9011 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 by telephone.
- The landlord has applied for termination of the tenancy, rent arrears and reimbursement for glazing to two windows which the tenant accepts were broken by one of her children.
- 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.