eviction prevention
📖 What is eviction prevention? Meaning and definition
In New Zealand tenancy law, eviction prevention commonly involves the Tenancy Tribunal issuing a conditional termination order. This type of order allows a tenancy to continue, even when a tenant owes money for rent or other costs, provided the tenant meets specific conditions. These conditions typically involve a detailed payment plan for the outstanding debt, alongside ongoing payments for current rent.
The purpose of such an order is to give the tenant an opportunity to rectify the breach of their tenancy agreement, such as unpaid rent, without immediately losing their home. The Tribunal sets out clear terms for how and when the tenant must pay back the money owed, often specifying weekly payments that cover both current rent and a portion of the arrears.
If the tenant adheres to the payment plan and other conditions set by the Tribunal, the tenancy continues. However, if the tenant fails to make the required payments within a specified timeframe (for example, within two working days of the due date), the conditional termination order can lead to the immediate termination of the tenancy and the tenant's eviction. This mechanism serves as a balance between protecting a tenant's housing and ensuring landlords receive the payments they are due.
📋 Requirements
- The tenant owes money for rent arrears or other costs like water rates.
- The Tenancy Tribunal issues a conditional termination order.
- A specific payment plan is established for the debt and ongoing rent.
- The tenant must adhere to the payment schedule and conditions set by the Tribunal.
📝 Procedure
- The Tenancy Tribunal calculates the total amount owed by the tenant, including rent arrears, filing fees, and other costs.
- The Tribunal orders immediate payment for certain specific costs, such as water rates.
- A detailed payment schedule is set for rent, rent arrears, and any filing fees, specifying payment amounts and frequencies (e.g., weekly payments).
- The order specifies how payments will be allocated (e.g., current rent first, then arrears).
- A condition is included stating that if the tenant fails to meet the payment deadlines, the tenancy will terminate.
💡 Examples
- A tenant owing $3,048.71 in rent arrears was ordered to pay 152 weekly payments of $104.00, covering both current rent and a portion of the debt, to avoid immediate eviction.
- To prevent eviction, a tenant with $1,098.00 in rent arrears was required to make an initial payment for current rent, followed by weekly payments of $214 that included $20 towards the debt.
- A tenant was ordered to pay $1,322.41 for water rates immediately and then follow a payment plan for $5,720.00 in rent arrears and a filing fee to keep their tenancy.
❓ Frequently asked questions
What is a conditional termination order?
A conditional termination order is a decision by the Tenancy Tribunal that allows a tenancy to continue, even if the tenant has breached the agreement (e.g., by not paying rent), provided the tenant meets specific conditions, usually a payment plan for the outstanding debt.
How does a payment plan help prevent eviction?
A payment plan prevents eviction by giving the tenant a structured way to pay back rent arrears and other debts over time, while also keeping up with current rent. As long as the tenant follows this plan, the tenancy continues.
What happens if I miss a payment on a conditional termination order?
If you miss a payment as set out in a conditional termination order, often within two working days of the due date, the tenancy can be immediately terminated, leading to eviction.
Can I negotiate the terms of a payment plan with the Tenancy Tribunal?
The Tenancy Tribunal sets the terms of the payment plan based on the evidence presented. While you can present your financial situation and propose a plan during the hearing, the final decision rests with the Tribunal.
What kinds of debts can be included in an eviction prevention payment plan?
Payment plans designed for eviction prevention typically cover rent arrears, Tenancy Tribunal filing fees, and other costs owed by the tenant, such as water rates, as determined by the Tribunal.
Where can I get help if I'm facing eviction?
If you are facing eviction, it is recommended to seek advice from a qualified lawyer or a community legal centre to understand your rights and obligations and to help you navigate the Tenancy Tribunal process.