Published tribunal order
Tenancy Tribunal case 5011208 — Rent arrears at 31A Fontenoy Street, Mount Albert, Auckland 1025
Decided 23 Oct 2024 · Published 23 Oct 2024 · Application 5011208
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Telesia Lockwood Hema owes Kāinga Ora–Homes And Communities $1059.29 (“the debt”).
- Telesia Lockwood Hema must pay rent and the debt as follows: a. By 35 weekly payments of $350.00, being $320.00 for rent and $30.00 for the debt. b. A final payment of $329.29, being $320.00 for rent and $9.29 for the debt. c. Payments will be every Thursday, with the first payment on 24 October 2024 and continuing until the debt is repaid.
- 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 31A Fontenoy Street, Mount Albert, Auckland 1025 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing.
- The Landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The Landlord has offered the Tenant an opportunity to repay the debt to avoid immediate termination. The Tenant accepted the Landlord’s terms.
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 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. I have considered the Landlord’s evidence regarding the Tenant, that she is engaging with the housing provider, and the Tenant’s evidence, explaining the reason for the substantial rent arrears, that her partner has a gambling problem and had actively sought help and understands that if he does not get on top of his habit, they will likely lose their home.
- 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.
- I have considered the Landlord’s request for name suppression on the part of the Tenant, but do not consider the possible detriment for the Tenant, in having her name published in connection with this decision, outweighs the public interest. The Tenant concedes her husband has a gambling issue, and he was not listed on the tenancy. This is a matter which prospective Landlord should be aware of, so they can make a suitable assessment concerning the Tenant’s reliability.