Published tribunal order
Tenancy Tribunal case 5178411 — Rent arrears at 9A Rankin Street, Kaikohe 0405
Decided 15 Apr 2025 · Published 15 Apr 2025 · Application 5178411
- 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’s name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $1,841.29 (“the debt”), which is rent arrears to 14 April 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $122.00, being $88.00 per week for current rent and $34.00 per week towards the debt, starting on Tuesday 15 April 2025 and continuing every Tuesday after that until the debt is paid in full.
- 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 9A Rankin Street, Kaikohe 0405 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- This order replaces a Mediator’s order made on 4 April 2024, sealed on 11 April 2024 in application 4832617.
Reasons
- Ms Perese, representing the landlord, and the tenant, both attended the teleconference hearing.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination. The landlord is open to the making of a conditional termination order.
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 (“RTA”).
- 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.
- This order replaces a Mediator’s order made on 4 April 2024, sealed on 11 April 2024 in application 4832617. Suppression
- The tenant requested name suppression. The Tribunal can make a suppression order, on application by a party or on its own initiative, if it determines that the party’s interests outweigh the public interest in publishing the party’s name. See section 95A(4) RTA.
- The tenant has made consistent efforts towards paying off rent arrears debt weekly since 18 February 2025 and has arranged for rent and debt payments to be paid directly from the Ministry of Social Development to the landlord. As a result, the rent arrears debt has been reducing. Given this, and the ongoing tenancy, I find the tenant’s interests outweigh the public interest in publishing her name. Therefore, I order that the tenant’s name and identifying details are not to be published.