Published tribunal order
Tenancy Tribunal case 4642069 — Rent arrears at 14A Feasegate Street, Manurewa, Auckland 2102
Decided 28 Aug 2023 · Published 28 Aug 2023 · Application 4642069
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Thema Tatupu Patea and Onesemo Laulelei Numia owes Barfoot & Thompson Limited as agent for Kolzee Property Investments $1,720.00, being rent owing for the period ending 31 August 2023 (“the debt”).
- Thema Tatupu Patea and Onesemo Laulelei Numia must pay rent and the debt as follows: a. By 8 weekly payments of $840.00, being $640.00 for rent and $200.00 for the debt. b. A final payment of $760.00, being $640.00 for rent and $120.00 for the debt. c. Payments will be every Friday, with the first payment on 01/09/2023 and continuing until 27/10/2023.
- Payments will be allocated first to rent and then to the arrears.
- If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 14A Feasegate Street, Manurewa, Auckland 2102 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing. Ms Harlick represented the landlord. Ms Patea represented the tenants.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so: section 56(1) Residential Tenancies Act 1986.
- The tenants breached their obligations by not paying rent. On 11 July 2023 the landlord served a 14-day notice on the tenants but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination: section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach: section 64(4)(b) Residential Tenancies Act 1986.