Published tribunal order
Tenancy Tribunal case 5283283 — Rent arrears at Unit/Flat 4, 7 Eden Place, Bryndwr, Christchurch 8053
Decided 22 Jul 2025 · Published 22 Jul 2025 · Application 5283283
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Ricky Boyd owes Kāinga Ora–Homes And Communities $1,274.42 (“the debt”) being rent arrears to Wednesday 23 July 2025.
- Ricky Boyd must pay rent and the debt as follows: a. By 84 weekly payments of $111.00, being $96.00 for rent and $15.00 for the debt. b. A final payment of $110.42, being $96.00 for rent and $14.42 for the debt. c. Payments will be every Thursday, with the first payment on 24/07/2025 and continuing until 04/03/2027.
- Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at Unit/Flat 4, 7 Eden Place, Bryndwr, Christchurch 8053 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 5 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing.
- 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. The applicant tells me that this their preference too.
- The applicant has provided record showing the amounts owing to 21/07/25. I am satisfied these records are correct. I have added two days rent to reflect the amount owing to the next payment.
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.