Published tribunal order
Tenancy Tribunal case 5301122 — Rent arrears at 54 Heathcote Street, Woolston, Christchurch 8023
Decided 19 Aug 2025 · Published 19 Aug 2025 · Application 5301122
Mixed / unclear
- Rent arrears
Order
- Quentin Phillips owes Kāinga Ora–Homes and Communities a total of $1,393.43 (“the debt”).
- Quentin Phillips is required to make weekly payments covering both rent and the debt as follows: a. 69 weekly payments of $194.00, comprising $174.00 for rent and $20.00 toward the debt. b. One final payment of $187.43, comprising $174.00 for rent and $13.43 toward the debt. c. Payments are to be made every Tuesday, beginning on 19 August 2025, and continuing through to 15 December 2026.
- Payments will be applied in the following order of priority: current rent, followed by rent arrears.
- If the tenant fails to pay rent and any rent arrears within five working days of the due date: a. The tenancy at 54 Heathcote Street, Woolston, Christchurch 8023 will be terminated, and the landlord will be entitled to immediate possession of the premises. b. The remaining balance of the debt will become immediately due and payable.
Reasons
Should the Tribunal proceed in the tenant’s absence?
- Only the landlord attended the hearing. The Tribunal attempted to contact the tenant twice using the only known mobile number, which the parties have used to contact each other, and which is listed in the tenancy agreement. These attempts were unsuccessful. The landlord advised that the tenant is generally difficult to contact, which appears to be part of the context behind the need for this application.
- The Tribunal confirms that the tenant was served with notice of the hearing via the email address for service listed in the tenancy agreement, which is also the only known email address for him, and which the parties have used to communicate with each other.
- Both parties were properly served, additionally being sent email and text message reminders. As the tenant did not contact the Tribunal Registry to request an adjournment or make alternative arrangements to attend, the hearing proceeded in his absence..
Should a conditional termination order be made?
- Under sections 55(1)(a) and 55(1A) of the Residential Tenancies Act 1986, where (as here) rent was at least 21 days in arrears at the time the application is filed, the Tribunal is required to make either a final or conditional termination order.
- Despite the tenant’s absence at the hearing, the landlord was amenable to a conditional termination order. This was based on the tenant having made five of the last six weekly payments (covering both rent and arrears), albeit on varying days of the week. These payments suggest a genuine effort to maintain the tenancy. The landlord expressed confidence that the tenant, currently employed, would be able to meet ongoing rent and debt obligations, which would allow the tenant and his dependent child to remain in the property with a formalisation of the debt repayment on top of the tenant’s rental obligations.
- Given the above, I am also satisfied that the tenant is likely to comply with the payment terms set out in this order and is unlikely to commit any further relevant breaches. Accordingly, the Tribunal grants a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. However, if the tenant breaches the order, a possession order may be enforced within 90 days from the date of the first breach, under section 64(4)(b) of the Residential Tenancies Act 1986.