Published tribunal order
Tenancy Tribunal case 4671890 — Rent arrears at 130 Universal Drive, Henderson, Auckland 0610
Decided 10 Oct 2023 · Published 10 Oct 2023 · Application 4671890
Landlord favoured
- Rent arrears
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Sharmeen Ali owes Ezystayz Limited As Agent For Wan Ling He, the amounts set out in the table below (“the debt”).
- The Bond Centre is to pay the bond of $1,050.00 (5675126-001) to Ezystayz Limited As Agent For Wan Ling He immediately.
- Mr Ali must repay the debt to the landlord as follows: a. $800.00 on Friday 13th October 2023, being rent due to 13th October 2023 of $550.00 and $250.00 towards the repayment of the debt; and b. $6,588.24, being repayment of the remainder of the debt, on 17th October 2023.
- Mr Ali must also repay to the landlord, on 17th October 2023, the outstanding contractual bond amount of $1,050.00, and the landlord must resubmit this amount to the Bond Centre within 23 days of its receipt
- If the tenant fails to pay the full debt of $6,838.24, and repay the full bond within 2 working days of the due dates: a. The tenancy at 130 Universal Drive, Henderson, Auckland 0610 will terminate and the landlord will have immediate possession of the premises; and b. The balance of the debt will be payable immediately.
- Repayments of the debt will be allocated in the following order: rent, rent arrears, and the filing fee.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears, refund of the bond, reimbursement of the water rates and reimbursement of the filing fee.
- The parties were able to come to a mutually acceptable conditional arrangement for repayment of the debt and the contractual bond.
- The landlord has provided rent records and a water rates statement which prove the amount owing.
- 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. See section 64(4)(b) Residential Tenancies Act 1986.
- Because Ezystayz Limited As Agent For Wan Ling He has wholly succeeded with the claim, I must reimburse the filing fee.