Published tribunal order
Tenancy Tribunal case 4635969 — Rent arrears at Unit/Flat 1, 217 Mount Smart Road, Onehunga, Auckland
Decided 25 Aug 2023 · Published 25 Aug 2023 · Application 4635969
Landlord favoured
- Rent arrears
- 14-day notice
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Charlotte Mamaia owes GG Blue Enterprises Limited As Agent For Charlie Tu'u $3,200.44 (“the debt”) being rent arrears owed as at 30 August 2023 of $3,180 and the filing fee of $20.44 on this application.
- Charlotte Mamaia must pay rent and the debt on or before Thursday 31 August 2023 as follows: a. Payment in full of $3,730.44 being $3,180.00 for the debt and $530 for current rent due for the next rent period (from 31/8/2023 to 6/9/2023).
- 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 Unit/Flat 1, 217 Mount Smart Road, Onehunga, Auckland 1061 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 landlord attended the hearing by telephone represented by Ms Armstrong. The Tribunal made three attempts to call the tenant on the cell-phone number she provided in an email to the Tribunal on 18 August 2023. However, all calls diverted to voicemail.
- The tenant contacted the Tribunal by email on 18 August 2023 to advise that she would be unable to attend the hearing, first scheduled on Monday 21 August 2023, because of work commitments which she could not defer. She advised that she was available on Fridays. She also advised that she was open to a repayment arrangement.
- The landlord agreed to reschedule the hearing to today, Friday 25 August 2023, so that the tenant could attend. I made orders on 21 August 2023 adjourning the hearing accordingly.
- Ms Armstrong confirmed that she spoke to the tenant prior to the hearing today and the tenant confirmed that she would be available for a call. Therefore, I am satisfied that she received notice of the hearing but did not attend.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant has indicated in communications with the landlord and the Tribunal that she wants to repay the debt to avoid immediate termination and believes that she can obtain assistance from WINZ.
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.
- The landlord is satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. The landlord therefore seeks a conditional termination order which I have granted.
- 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. K Stirling, 25 August 2023