Published tribunal order
Tenancy Tribunal case 5198034 — Rent arrears at 19 Korora Street, Bromley, Christchurch 8062
Decided 7 May 2025 · Published 7 May 2025 · Application 5198034
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the tenants’ names and identifying details.
- [The tenant/s] owe Kāinga Ora–Homes and Communities $781.34 being rent arrears to 7 May 2025 (‘the debt’).
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $225.00 being $215.00 for rent and $40.00 for the debt. b. Payments will be every Wednesday, with the first payment on 14 May 2025 and continuing until the debt is paid in full .
- Payments will be allocated in the following order: rent, then rent arrears.
- If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 19 Korora Street, Bromley, Christchurch 8062 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Ms Davis represented the landlord. I conducted the hearing by phone. The tenants did not attend. My calls to their numbers went to voice mail.
- The landlord has applied for termination of the tenancy and rent arrears. The landlord wants to provide the tenants with the opportunity 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 tenants will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach. The tenants have been making arrears payments directly from their benefits. The landlord wants to formalise the arrangement. I have granted a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. If the tenants breach 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 sought name suppression for the tenants. Because the outcome can be seen as favourable for the tenants (avoiding immediate termination) I am prepared to grant them name suppression even though they did not make the application. There is no public interest in this order being published.