Published tribunal order
Tenancy Tribunal case 4641850 — Rent arrears at 23A Secretariat Place, Randwick Park, Auckland 2105
Decided 8 Sept 2023 · Published 8 Sept 2023 · Application 4641850
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.
- Shanele Hohepa owes Fair Rentals Limited As Agent For Rakesh Chand $2,118.84 (“the debt”) being rent to 8 September 2023 of $2,098.40 and reimbursement of the filing fee of $20.44.
- Shanele Hohepa must pay the debt in one lump sum, together with the next rent payment which falls due of $630.00, making a total of $2,728.40 by 5 pm next Friday 15 September 2023
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent by 5 pm Friday 15 September 2023: a. The tenancy at 23A Secretariat Place, Randwick Park, Auckland 2105 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 phone.
- The tenant was telephoned on for separate cell phone numbers. Messages were left on three of those numbers. The cell phone number supplied by the landlord at the hearing as the most recent contact number was then rung again and a second message left.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the filing fee.
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 wished to allow the tenant time within which to pay the debt within the period specified in this order. 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.
- Because Fair Rentals Limited As Agent For Rakesh Chand has wholly succeeded with the claim I must reimburse the filing fee.