Published tribunal order
Tenancy Tribunal case 5193251 — Rent arrears at 65 Norrie Street, Bader, Hamilton 3206
Decided 24 Apr 2025 · Published 24 Apr 2025 · Application 5193251
- 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 $4,860.00 (“the debt”) being rent arrears owing to 30 April 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 162 weekly payments of $130.00, being $100.00 for rent and $30.00 for the debt. b. Payments will be every Thursday, with the first payment on 01/05/2025 and continuing until 08/06/2028.
- Payments will be allocated in the following order: rent, rent arrears.
- If the tenant’s weekly rent increases or decreases then the amount of rent to be paid as set out in order 2 above will adjust accordingly but the sum of $30.00 will remain payable weekly towards the debt.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 65 Norrie Street, Bader, Hamilton 3206 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 phone. Ms Rea appeared for 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, 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. Name suppression
- The tenant appeared at the hearing today and the above orders are made after discussing the tenant’s situation and with her consent. There is therefore no public interest in publication of the tenant’s name.