Published tribunal order
Tenancy Tribunal case 4617649 — Rent arrears at 1 Canal Road, Avondale, Auckland 1026
Decided 25 Jul 2023 · Published 25 Jul 2023 · Application 4617649
Landlord favoured
- Rent arrears
- 14-day notice
Order
- No application for suppression has been made in this case and no suppression orders apply to publication of this decision.
- Cheyne Herewini owes the Trustees of the Visionwest Community Trust $1,400.00 (“the debt”).
- Cheyne Herewini must pay rent and the debt as follows: a. By paying the rent in the sum of $202 on Tuesday 1 August 2023 and every Tuesday thereafter up to and including Tuesday 22 August 2023. b. By paying $1,400, being $1,379.56 rent arrears and 20.44 filing fee, by Tuesday 22 August 2023.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 1 Canal Road, Avondale, Auckland 1026 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 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The hearing was conducted by telephone. Mr Read and Ms Watson attended for the landlords. Ms Herewini also attended.
- The landlord has applied for termination of the tenancy, rent arrears and payment of the bond. The tenant wants to repay the debt to avoid immediate termination
- Ms Herewini said that this situation has arisen due to an error by MSD and that she was appealing their decision. In the meantime, she will obtain a loan from WINZ to pay the arrears.
- 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 therefore 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.