Published tribunal order
Tenancy Tribunal case 4915416 — Rent arrears at 50B Boundary Road, Opaheke, Papakura 2113
Decided 18 Sept 2024 · Published 18 Sept 2024 · Application 4915416
Mixed / unclear
- Rent arrears
Order
- Tetapu Alone-O-Tamarua Arii Kiria-Joseph owes Kāinga Ora–Homes And Communities $896.00, being rent arrears owing to 23 September 2024 (“the debt”).
- Tetapu Alone-O-Tamarua Arii Kiria-Joseph must pay rent and the debt as follows: a. By 14 weekly payments of $212.00, being $152.00 for rent and $60.00 for the debt. b. A final payment of $208.00, being $152.00 for rent and $56.00 for the debt. c. Payments will be every Wednesday, with the next payment due on Wednesday 25 September 2024 and continuing until Wednesday 1 January 2025.
- If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
Reasons
- The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant. I am satisfied that adequate service of the hearing notice has been completed. I therefore considered it reasonable to proceed with the hearing in the tenant’s absence.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
- The landlord asked whether the Tribunal would consider formalising a payment plan in the tenant’s absence.
- The landlord noted that while the tenant had not attended the hearing, she had proactively contacted the landlord, acknowledged the outstanding rent arrears, and expressed a clear intention to repay the debt. Specifically, the tenant proposed to make payments of $60.00 per week towards the arrears, in addition to the regular rent.
- The landlord provided a rent summary that shows the tenant has already made four consecutive payments of the normal rent ($152.00) plus an additional $60.00 towards the debt on the following dates: 28 August 2024, 4 September 2024, 11 September 2024, 18 September 2024. These payments confirm that the tenant has been consistently adhering to the proposed payment plan, even prior to this hearing, indicating her reliability and willingness to meet her obligations.
- The landlord advised that the tenant has set up a payment redirection through Work and Income New Zealand (WINZ), ensuring that future rent will be made directly to the landlord. This arrangement provides an additional layer of security for both the landlord and the tenant, reducing the risk of non-payment of rent and making it likely that the tenant will continue to meet her rent obligations going forward.
- The landlord has expressed a willingness to accept the tenant’s proposal of repaying the arrears in instalments. This cooperation further supports the decision to formalise the payment plan, as it shows that the landlord is satisfied in the tenant’s ability to meet the agreed terms.
- While the tenant did not attend the hearing, the evidence provided by the landlord—including the tenant’s previous communication, acknowledgment of debt, and consistent repayments made —sufficiently supports the decision to formalise the debt repayment plan in the tenant’s absence. The tenant’s prior actions indicate a clear commitment to resolving the matter, making their attendance at the hearing less critical to the outcome.
- As such, I find it appropriate to formalise the debt payment plan, ordered above.