Published tribunal order
Tenancy Tribunal case 5247171 — Rent arrears at 68 Highbury Avenue, Highbury, Palmerston North 4412
Decided 12 Jun 2025 · Published 12 Jun 2025 · Application 5247171
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Debbie Minhinnick owes Kāinga Ora–Homes And Communities $5,876.00 being rent arrears to Tuesday 17 June 2025 (“the debt”).
- Debbie Minhinnick must pay rent and the debt as follows: a. By 195 weekly payments of $313.00, being $283.00 for rent and $30.00 for the debt. b. A final payment of $309.00, being $283.00 for rent and $26.00 for the debt. c. Payments will be every Wednesday, with the first payment on 18/06/2025 and continuing until 14/03/2029.
- Payments will be allocated in the following order: rent and then to rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 68 Highbury Avenue, Highbury, Palmerston North 4412 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 5 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 and rent arrears. The tenant wants to repay the debt to avoid immediate termination. The applicant has told me that this is their preference too if they are provided with the security of a conditional termination order.
- It is unlikely in my mind that the respondent will be able to sustain this agreement till 2029 without failure as required by this order considering her payment history, however she has assured me that she will. Typically, this tenancy would be terminated but I am granting the request of both parties for a conditional termination order.
- The respondent claimed to have made certain payments and exhibited a general lack of awareness regarding the extent of her rent arrears and breaches. Upon examination of the purported payments during the hearing, these representations were determined to be inaccurate. The respondent is now on notice regarding her obligations to make full and timely rent payments and the consequences for her tenancy in the event of any future breach of the terms of this order.
- The respondent should consider this order the final chance to salvage this tenancy. Going forward there should be no doubt in her mind that the payment of rent as stipulated in the order, her tenancy agreement, and any other validly issued notices varying the rent is her sole responsibility. If she anticipates a breach, she should take steps to prepare herself to vacate the tenancy should the breach eventuate.
- It is my expectation that the applicant will enforce the terms of this order should its terms be breached. To not do so would be failure to mitigate its losses as required under section 49 of the RTA.
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.