Published tribunal order
Tenancy Tribunal case 5247731 — Rent arrears at Unit/Flat Flat 2, 41A Redgrave Street, Hoon Hay,
Decided 24 Jun 2025 · Published 24 Jun 2025 · Application 5247731
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Rene Melvina Manuel owes Kāinga Ora–Homes And Communities $1,182.00 (“the debt”), being rent arrears to 25 June 2025.
- Rene Melvina Manuel must pay rent and the debt as follows: a. By 39 weekly payments of $114.00, being $84.00 for rent and $30.00 for the debt. b. A final payment of $96.00, being $84.00 for rent and $12.00 for the debt. c. Payments will be every Thursday, with the first payment on 26/06/2025 and continuing until 26/03/2026.
- Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within five working days of the due dates: a. The tenancy at Unit/Flat Flat 2, 41A Redgrave Street, Hoon Hay, Christchurch 8025 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
- Both parties attended the hearing, conducted via teleconference.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
- A weekly payment plan has already been put in place and this order continues that amount and timing.
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.