Published tribunal order
Tenancy Tribunal case 5167816 — Rent arrears at 7 Shelley Court, Enderley, Hamilton 3214
Decided 4 Apr 2025 · Published 4 Apr 2025 · Application 5167816
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Brian Peterson Alan Poi owes Kāinga Ora–Homes And Communities $2,623.85 (“the debt”) being rent arrears to 9 April 2025.
- Brian Peterson Alan Poi must pay rent and the debt as follows: a. By 59 fortnightly payments of $486.00, being $442.00 for rent and $44.00 for the debt. b. A final payment of $469.85, being $442.00 for rent and $27.85 for the debt. c. Payments will be every other Thursday, with the first payment on 10/04/2025 and continuing until 15/07/2027. d. If the tenant’s rent changes then the amount payable under this order will change so that the tenant pays the rent plus a sum of $22.00 per week in reduction of the debt.
- Payments will be allocated in the following order: rent and 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 7 Shelley Court, Enderley, Hamilton 3214 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 by telephone.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
- The rent has fallen into arrears because the tenant did not complete his annual income review with MSD and so his rent increased to a market rent.
- The tenant has now completed the review with MSD and the income related rent has been set at $211.00 per week. An adjustment has been made backdating the new rent which has reduced the tenant’s arrears by $2,415.00.
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.