Published tribunal order
Tenancy Tribunal case 5012288 — Rent arrears at 11 Clarkson Crescent, Otara, Auckland 2023
Decided 20 Nov 2024 · Published 20 Nov 2024 · Application 5012288
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- As at the date of this Order, Haitelenisia Cocker owes Kāinga Ora–Homes And Communities $319.00 (“the debt”).
- Haitelenisia Cocker must pay rent and the debt as follows: a. By 3 weekly payments of $259.00, being $159.00 for rent and $100.00 for the debt. b. A final payment of $178.00, being $159.00 for rent and $19.00 for the debt. c. Payments will be every Tuesday, with the first payment on 26/11/2024 and continuing until 17/12/2024.
- Payments will be allocated in the following order: rent, and rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 11 Clarkson Crescent, Otara, Auckland 2023 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing which was held by teleconference.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to 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.
- 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.
- 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. Name suppression
- The landlord has requested name suppression on behalf of the tenant.
- The statutory provisions that apply are as follows: 95Proceedings usually to be in public (1)Except as provided in subsections (1A) and (2), the proceedings of the Tribunal shall be conducted in public. 95ASuppression orders (1)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party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the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.
- There is a presumption under section 95 of the RTA that proceedings will be in public and that Tribunal Orders will be published including the parties’ identities.
- Against this there is no statutory provision that requires me to suppress the name of an unsuccessful respondent; nor have any sensitive issues been raised that are particular to this case and serve to displace the presumption that I have expressed in the above paragraph.
- I consider it would be an abuse of process and contrary to the interests of justice if I were to prevent future landlords being able to access details regarding this application. For these reasons I decline to suppress the respondent’s identifying details.