Published tribunal order
Tenancy Tribunal case 5191032 — Rent arrears
Decided 15 Jun 2025 · Published 15 Jun 2025 · Application 5191032
- 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 [The landlord/s] $8,415.95 (“the debt”), being rent arrears owing as at 7 May 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 145payments of $422.00, being $364.00 for rent and $58.00 for the debt. This amount is to be paid as follows: fortnightly payments of $264.00 through Work and income and $580.00 to be paid directly by [the tenant/s]. b. Payments will be every Friday, with the first payment on 09/05/2025 and continuing until 18/02/2028.
- Payments will be allocated in the following order: rent and then 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, 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, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- In this case, the landlord confirmed that rent arrears exceeded 21 days when the application was filed, meaning the legal threshold for termination under section 55(1)(a) was met. The tenancy is income-related, with the market rent being $450 per week. The tenant has been paying a reduced rate of $364 per week. The landlord provided a rent ledger and detailed history of previous arrears, including a mediated agreement dated 2 June 2023. That agreement involved a payment plan to clear arrears then totalling $4,710. The tenant initially complied, making 12 consistent payments, but defaulted for a seven-week period from October 2023. While payments resumed in November 2023, the tenant again fell into irregular payment patterns from December 2024 onwards.
- The tenant explained that he misunderstood the effect of his employment on his rent calculations. He recently transitioned from retirement as a linehaul driver to part-time work as a bus driver, through a placement offered by the Ministry of Social Development (MSD). The tenant believed his rent was continuing to be deducted from his pension and was unaware that his change in employment status resulted in a rent increase. As a result, the tenant continued to pay an outdated rent amount, leading to further arrears.
- At the hearing, the parties agreed to a new repayment arrangement. The tenant has agreed to make fortnightly payments of $580 directly, in addition to $264 being paid by MSD, totalling $844 per fortnight. The landlord confirmed this arrangement is acceptable.
- On this basis, I am satisfied that the tenant is both willing and able to meet the obligations under the proposed payment plan, and that a conditional termination order is appropriate. If the tenant complies with this plan, the tenancy may continue. If the tenant defaults and fails to make a payment within two working days of the due date, the tenancy will terminate immediately, and the landlord may seek possession without further order of the Tribunal.
- 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) RTA.
- As the landlord has been wholly successful with the claim but does not seek reimbursement of the filing fee or suppression, no such orders are made in respect of the landlord.
- Given the sensitive personal circumstances outlined and that the matter has been resolved by consent, I consider it just and reasonable to grant suppression of the tenant’s name and identifying details under section 95A RTA.