Published tribunal order
Tenancy Tribunal case 5242852 — Rent arrears at 51 Polstead Road, Stoke, Nelson 7011
Decided 18 Jun 2025 · Published 18 Jun 2025 · Application 5242852
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Debbie Ailsa Thompson owes Kāinga Ora–Homes And Communities $1,358.86 (“the debt”) being rent arrears to Friday 27 June 2025.
- Debbie Ailsa Thompson must pay rent and the debt as follows: a. By 67 weekly payments of $228.00, being $208.00 for rent and $20.00 for the debt. b. A final payment of $226.86, being $208.00 for rent and $18.86 for the debt. c. Payments will be every Friday, with the first payment on 27/06/2025 and continuing until 09/10/2026.
- Payments will be allocated in the following order current rent and then to rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 51 Polstead Road, Stoke, Nelson 7011 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The applicant attended the hearing by phone. The respondent did not answer on two attempts to call them on the provided phone number.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The applicant tells me that the respondent has made some payments since their application was filed and they would prefer a conditional termination order over an immediate termination order. They have requested the repayments be $20.00 per week in addition to the weekly rent.
- In the three weeks leading up to todays hearing the respondent has almost halved the debt. This implies to me that the respondent wishes to salvage this tenancy.
- Typically, in a hearing for termination for rent arrears the respondent would need to be present for a conditional termination to be considered so that their circumstances can be canvassed, and the sustainability of a payment plan can be assessed. Because the respondent has not turned up, I have had to make inferences from the respondents’ irregular payments about what their circumstances might allow them to comply with in order to give effect to the applicant’s goodwill. To do so I have made the due date next week on Friday to allow the respondent to organise her affairs and position herself to comply with this order. If after this the respondent does not comply, she bears full responsibility for the termination of this tenancy that will follow.
- The applicant has provided rent records which prove the amount owing to Sunday 22 June 2025. I have added a further 5 days rent to reflect the payment due date in this order of Friday 27 June 2025.
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.