Published tribunal order
Tenancy Tribunal case 5288483 — Rent arrears at 246 Hendersons Road, Hoon Hay, Christchurch 8025
Decided 24 Jul 2025 · Published 24 Jul 2025 · Application 5288483
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Nella Rose Marie Ngahuru owes Kāinga Ora–Homes And Communities $599.12 being rent arrears to 24 July 2025 (“the debt”).
- Nella Rose Marie Ngahuru must pay rent and the debt as follows: a. By 49 weekly payments of $100.00, being $88.00 for rent and $12.00 for the debt. b. A final payment of $99.12, being $88.00 for rent and $11.12 for the debt. c. Payments will be every Thursday, with the first payment on 24/07/2025 1 and continuing until 02/07/2026.
- Payments will be allocated in the following order: current rent, then rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 246 Hendersons Road, 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. 1 The tenant advised that she has made the payment due today, but it has not yet been receipted by the Landlord’s accounts team.
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.
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.
- The tenant accepted the amount owed. She had already agreed to repay the debt by paying $100 per week ($88.00 for current rent and $12 towards the debt). She has been making those payments for the last 5 weeks. I am satisfied that she will continue to do so. She indicated that she will set up an automatic payment for her rent, so it is paid as soon as she receives her Studylink payment each week.
- 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.