Published tribunal order
Tenancy Tribunal case 5275920 — Rent arrears at Unit/Flat Unit 3, 140 Blenheim Road, Riccarton,
Decided 5 Aug 2025 · Published 5 Aug 2025 · Application 5275920
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Charmian Rehina Anjualita Thompson Rawiri-Palmer owes Kāinga Ora–Homes And Communities $927.00 (“the debt”), being rent arrears to 11 August 2025.
- Charmian Rehina Anjualita Thompson Rawiri-Palmer must pay rent and the debt as follows: a. By 92 weekly payments of $86.00, being $76.00 for rent and $10.00 for the debt. b. A final payment of $83.00, being $76.00 for rent and $7.00 for the debt. c. Payments will be every Tuesday, with the first payment on 12/08/2025 and continuing until 18/05/2027 or the debt is paid.
- Payments will be allocated in the following order: rent, rent arrears,
- If the tenant fails to pay rent and rent arrears within five (5) working days of the due dates: a. The tenancy at Unit/Flat Unit 3, 140 Blenheim Road, Riccarton, Christchurch 8041 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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 payments terms of this order reflect an agreement between the parties that is already in place.
- 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.