Tenant ordered to pay rent arrears and debt over two years

__________________________________________________________________________________ 5109948 1

[2025] NZTT 5109948

TENANCY TRIBUNAL - Auckland | Tāmaki Makaurau

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] (aka [NAME]-Nuku) owes [COMPANY] $2,107.00 (“the debt”), calculated as shown in the table below.

Description Landlord Tenant Rent arrears from 28 November 2024 – 22 January 2025 Previous order application 5012570 dated 28/11/2024

$660.00 $1,420.00

Filing fee reimbursement $27.00 Total award $2,107.00 Total payable by Tenant to Landlord $2,107.00

2. This order incorporates the Tribunal order made on 28 November 2024 under application 5012570.

3. [NAME] (aka [NAME]-Nuku) must pay rent and the debt as follows:

a. By 105 weekly payments of $104.00, being $84.00 for rent and $20.00 for the debt.

b. A final payment of $91.00, being $84.00 for rent and $7.00 for the debt.

c. Payments will be every Friday, with the first payment on 24/01/2025 and continuing until 29/01/2027.

__________________________________________________________________________________ 5109948 2

4. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

5. If the tenant fails to pay rent and rent arrears within 6 days of the due dates:

a. The tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.

b. The balance of the debt will be payable immediately.

6. If the tenant fails to pay the filing fee within 6 days of the due date, the filing fee will be payable immediately.

Reasons:

1. The landlord attended the hearing. The tenant did not.

2. There is an existing Tribunal order requiring the tenant to pay the landlord $1,420.00 for rent arrears up to 28 November 2024 under application 5012570. The landlord gave evidence that they have not commenced enforcement of this order and requested that I incorporate it with the current application.

3. The landlord has applied for termination of the tenancy and rent arrears.

Should a conditional termination order be made?

4. 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.

5. The application was filed on 16 December 2024. The landlord provided a rent summary which proves that rent arrears were $1,588.00 on this date (132 days).

6. The tenancy began on 23 January 2001. The tenant has paid their rent on time for the overwhelming majority of this tenancy, which is 23 years long as at the date of the hearing. The tenant has been in arrears since 2 August 2024.

7. The landlord gave evidence that the tenant has recently experienced some personal difficulties, which have most likely impacted their ability to pay rent. The landlord is supporting the tenant to get appropriate help and support. The landlord hopes that with some assistance, the tenant will be able to resume payment of their rent on time. The tenant resides at the property with their young child. In these circumstances, the landlord was not opposed to a conditional termination order.

__________________________________________________________________________________ 5109948 3

8. Considering the tenant’s longstanding history of paying their rent on time and the fact that the landlord is supporting the tenant with referral to appropriate mental health and community providers, I am satisfied that the tenant will be able to pay the debt within the period specified in the order. I am also satisfied that the tenant is unlikely to commit any further relevant breach. I have granted a conditional termination order.

9. 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.

Rent arrears

10. The landlord provided a copy of the Tribunal order dated 28 November 2024 requiring the tenant to pay $1,420.00 in rent arrears up to this date. The landlord provided a rent summary which proves that the total rent arrears at the date of the hearing are $2,080.00. The tenant has accumulated a further $672.00 in rent arrears since 28 November 2024.

11. The landlord gave evidence that they have not commenced enforcement of the Tribunal order dated 28 November 2024. Therefore, I have incorporated the award for rent arrears in that order with the current order.

Filing fee

12. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.

[NAME]

22 January 2025

__________________________________________________________________________________ 5109948 4

Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

__________________________________________________________________________________ 5109948 5

A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: