Published tribunal order
Tenancy Tribunal case 5227072 — Rent arrears
Decided 5 Jun 2025 · Published 5 Jun 2025 · Application 5227072
- Rent arrears
Party names are redacted in the official published order.
Order
- The names and identifying details of the tenants are suppressed.
- The rent was more than 21 days in arrears on the date this application was received by the office of the Tenancy Tribunal.
- As at 5 June 2025, the total debt owing will be $1226.85 for rent arrears up to and including 5 June.
- [The tenants] agree to pay Kainga Ora Homes and Community the debt by fortnightly payments of $760 being $690 a fortnight towards current rent and $70.00 a fortnight for rent arrears.
- These payments will begin on Thursday 5 June 2025 and will continue to be paid fortnightly until the rent arrears are paid in full.
- All money will go first to current rent and then to rent arrears.
- If any payment of the current rent, or rent arrears, is not paid within two working days of the due date as indicated in order 4. above: a. the tenancy shall terminate immediately; b. vacant possession shall be granted to Kainga Ora Homes and Communities c. any remaining debt will become due and payable in full immediately;
- Order 7. applies until the debt is paid in full.
- Section 64(4)(b) of the Residential Tenancies Act 1986 applies to this order. To enforce termination of the tenancy, the applicant must apply to the Collections Unit at the District Court for the enforcement within 90 days of the first breach of this agreement.
Reasons
- The parties attended the hearing which was conducted by phone.
- The parties agree that although at the date the application was filed, the tenants were more than 21 days in arrears, the tenants have reduced that down to $634.00 as at 26 May 2025. Another rent payment is due today and will take the amount owing to $979.00.
- The parties agreed to a conditional order that includes the weekly rent of $345 plus a further $35 to clear the arrears.
- It transpired that [tenant A] is paid fortnightly on a Thursday and his next payday is next Thursday 5 June. Therefore by that date the arrears owing will be $1,226.85. The tenants agree to may fortnightly payments of $760, being $690.00 for current rent and $70.00 for rent arrears.
- 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.
- Because this order has been made by agreement, I have treated it as a mediated order and it will not be published.
- There is an order for suppression of the names of the tenants. .