Published tribunal order
Tenancy Tribunal case 4888062 — Rent arrears at Flat 1, 4 Ireland Place, Ranui, Auckland 0612
Decided 12 Jun 2024 · Published 12 Jun 2024 · Application 4888062
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Yevonne Heke owes Kāhui Tū Kaha Limited $302.73 for rent arrears, and the filing fee (“the debt”).
- Yevonne Heke must pay rent and the debt as follows: a. By 14 weekly payments of $172.00, being $152.00 for rent and $20.00 for the debt. b. A final payment of $154.73, being $152.00 for rent and $2.73 for the debt. c. Payments will be every Friday, with the first payment on 21/06/2024 and continuing until 27/09/2024.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Flat 1, 4 Ireland Place, Ranui, Auckland 0612 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The application for suppression of the landlord’s details is declined.
Reasons
- Ms Bidois attended as representative of the landlord. Ms Bidois advised the tribunal the tenant had recently indicated she would attend the hearing, however the tenant did not attend. During the hearing, the registrar attempted to contact the tenant via mobile phone twice, however the calls would not connect.
- The landlord has applied for a conditional termination of the tenancy and rent arrears. Since the application was filed, the tenant has managed to repay some of the debt, however, the landlord confirmed it was seeking a conditional termination to ensure the remainder of the debt was paid and that way the tenant can 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 landlord provided an updated rent summary which proved rent arrears to 12 June 2024 total $282.29.
- Given the landlord indicated a modest repayment of $20 per week was acceptable by way of repayment of the rent arrears, I am satisfied the tenant should be able to pay the debt within the period specified in the order. Accordingly, 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.
- In addition, as Kāhui Tū Kaha Limited has wholly succeeded with the claim I must reimburse the filing fee.
Should suppression be granted?
- Pursuant to s 95A(1) of the Residential Tenancies Act 1986, the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- In this case, the landlord has sought suppression. Ms Bidois submitted it was the landlord’s preference that suppression be granted. While the landlord has wholly or substantially succeeded in the proceedings, I consider it is in the public interest not to grant suppression. The landlord is a social housing provider that provides a service to its community. I consider it is in the public interest that the community has visibility as to how social housing providers carry out their functions.
- For those reasons, the application for suppression of the landlord’s identifying details is declined.
- As Kāhui Tū Kaha Limited has wholly succeeded with the claim I must order the tenant reimburse the filing fee, being $20.44.