Published tribunal order
Tenancy Tribunal case 5075788 — Rent arrears at Unit/Flat 1, 42 Reid Road, New Lynn, Auckland 0600
Decided 5 Dec 2024 · Published 5 Dec 2024 · Application 5075788
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Mele Aupaau and Pita Aupaau owes Kāinga Ora–Homes and Communities $2,741.42 (“the debt”) being rent arrears owing as at 5 December 2024.
- Mele Aupaau and Pita Aupaau must pay rent and the debt as follows: a. By 46 weekly payments of $244.00, being $194.00 for rent and $50.00 for the debt. b. A final payment of $195.42, being $194.00 for rent and $1.42 for the debt. c. Payments will be every Friday, with the first payment on 06/12/2024 and continuing until 24/10/2025.
- If the tenants’ weekly rent is reduced or increased then the weekly payment set out in Order 2 above will be adjusted accordingly but the payment of $50.00 for the debt will continue as ordered.
- Payments will be allocated in the following order: rent and rent arrears.
- If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 1, 42 Reid Road, New Lynn, Auckland 0600 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The hearing was held by phone. Only the landlord attended the hearing, represented by Karen Thompson-Wise.
- The Tribunal made two calls to each of the numbers provided for the tenants but neither number connected.
- I am satisfied that the tenants have been served in accordance with the service provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the tenants’ absence.
- This is a longstanding tenancy which began on 27 June 2014.
- The landlord has applied for termination of the tenancy and rent arrears.
- The landlord advised that although the tenants could not be contacted for the hearing today they have been making additional payments each week for some time and have substantially reduced an existing rent arrears. The landlord has confidence that the tenants will continue to do so.
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.
- Having heard from the landlord and having reviewed the rent summaries provided I am satisfied the tenants will pay the debt within the period specified in the order and are 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. Filing fee and name suppression
- The landlord did not seek reimbursement of the filing fee.
- In some circumstances the Tribunal might consider making an order for name suppression (in particular suppression of the tenant’s name or names) where the parties have reached agreement during the hearing and have requested that the Tribunal make consent orders. Where the parties have reached agreement there is usually little to no public interest in publication.
- The tenants did not appear today and so orders have been made following submissions by the landlord and a review of the rent statements provided and the relevant provisions of the Residential Tenancies Act 1986. The orders were not made by consent. I have therefore not exercised my discretion to make an order for name suppression pursuant to section 95A Residential Tenancies Act 1986.
- I accept that publication of tenants’ names may affect the ability of tenants to find future rental accommodation, but I do not consider that the tenants’ interests outweigh the public interest and the principles of open justice in this case.