Published tribunal order
Tenancy Tribunal case 5240634 — Rent arrears at 165A Tomahawk Road, Andersons Bay, Dunedin 9013
Decided 10 Jun 2025 · Published 10 Jun 2025 · Application 5240634
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Elleanor Kelly and Brian Ginty-Naera owes Connolly Gear Limited As Agent For The Puketai Family Trust $7,197.14, being rent arrears until 9 June 2025 (“the debt”).
- Elleanor Kelly and Brian Ginty-Naera must pay rent and the debt as follows: a. By 35 weekly payments of $780.00, being $580.00 for rent and $200.00 for the debt. b. A final payment of $777.14, being $580.00 for rent and $197.14 for the debt. c. Payments will be every Wednesday, with the first payment on 11/06/2025 and continuing until 11/02/2026.
- 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 landlord has the right to issue a seven-day notice to terminate the tenancy at 165A Tomahawk Road, Andersons Bay, Dunedin 9013 and take possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing.
- The landlord applied for termination of the tenancy and rent arrears; or alternatively, a conditional termination if an acceptable payment plan of arrears could be reached. The landlord would accept repayment of debt at $200.00 per week if ongoing rental obligations are met.
- Both tenants are prepared to pay the debt off at $200.00 per week, and Ms Kelly wishes to prevent 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 tenants will pay the debt within the period specified in the order and is unlikely to commit any further relevant breaches. I have therefore granted a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.