Published tribunal order
Tenancy Tribunal case 5177191 — Rent arrears
Decided 9 May 2025 · Published 9 May 2025 · Application 5177191
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the Tenant’s name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $5,116.71 (“the debt”).
- [The tenant/s] must pay rent and the debt in order 2 as follows: a. By weekly payments of $128.00, being $88.00 for rent and $40.00 for the debt. b. Payments will be every Friday, with the first payment on Friday 11 April 2025 and continuing until 17/09/2027.
- Payments will be allocated in the following order: rent and the 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 and rent arrears. 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.
- The landlord does not seek a suppression order. As this is essentially a consent order, I consider it reasonable to grant suppression of the tenant’s name and identifying details.