Published tribunal order
Tenancy Tribunal case 4960035 — Rent arrears at 27 Palmer Avenue, Glen Eden, Auckland 0602
Decided 29 Aug 2024 · Published 29 Aug 2024 · Application 4960035
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Martha Pearl Clarke-Wicks owes Kāinga Ora–Homes and Communities $12,807.01 (“the debt”).
- Martha Pearl Clarke-Wicks must pay rent and the debt as follows: a. By 625 weekly payments of $258.00, being $238.00 for rent and $20.00 for the debt. b. A final payment of $243.01, being $238.00 for rent and $5.01 for the debt. c. Payments will be every Thursday, with the first payment on 05/09/2024 and continuing until 28/08/2036.
- Payments will be allocated in the following order: 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 27 Palmer Avenue, Glen Eden, Auckland 0602 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Only a representative of the landlord attended the phone hearing. The number provided for the tenant went to voicemail.
- The landlord has applied for termination of the tenancy and rent arrears. The landlord indicated they would be content with a conditional termination order. Although the tenant was not present to confirm her ability to make payments, the only alternative was to order immediate termination, therefore I considered a conditional termination order in her best interests.
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 was at least 21 days in arrears on the date the application was filed and remains so. The tenant last paid rent on 29 August 2024 (today). She paid a total of $248.00 being $238.00 for rent and $10.00 towards arrears. The total owed in arrears is $12,807.01. The additional $10.00 the tenant paid towards arrears is pursuant to a Mediator’s Order dated 19 June 2023 in which the parties agreed to the tenant repaying the debt (which then totalled $ $7,635.00) at a rate of $10 per week. Since June 2023, the tenant has missed several payments for rent, and rent arrears.
- The landlord has grounds to seek immediate termination, however, the landlord’s representative indicated they seek a conditional termination with an increase in the amount paid weekly towards the arrears.
- I am satisfied that it is in the tenant’s best interests to order a conditional termination rather than immediate termination. The conditional termination is a slight increase on a previous repayment scheme which the parties agreed. I consider that modest increase is the bare minimum given the total arrears accumulated and the time it will take for the tenant to repay the total owed. 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.