Published tribunal order
Tenancy Tribunal case 4697330 — Rent arrears at Unit G04, 28c Eileen Newey Place, Henderson, Auckland
Decided 19 Dec 2023 · Published 19 Dec 2023 · Application 4697330
Landlord favoured
- Rent arrears
Order
- Shanika Manuel Le-Gros and Raymond Johnathan Lee Mori Gregory owe Staircase Property Management Limited as agent for Christopher & Melissa Atkins $2,896.93 (“the debt”), as calculated in the table below.
- Shanika Manuel Le-Gros and Raymond Johnathan lee mori Gregory must pay rent and the debt as follows: a. By continuing weekly rent payments of $550.00, every Thursday from 21 December 2023, until the debt is cleared. b. Payment of the debt of $2,896.93 by the end of 15 January 2024.
- If the tenants fail to pay rent and the debt within 2 working days of the due dates: a. The tenancy at Unit G04, 28c Eileen Newey Place, Henderson, Auckland 0612, Henderson Green will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately. DescriptionLandlord Rent arrears to 18 December 2023$1,875.00 Rent in advance payments in arrears by two days $157.14 Water and power arrears to 27 November 2023 Filing fee $844.35
- 44 Total award$2,896.93
Reasons
- The hearing was conducted on Microsoft Teams. Maria Donovan, who is the property manager, attended the hearing for the landlord’s agent by video link.
- Shanika Le-Gros attended for the tenants by audio link.
- The landlord has applied for conditional termination of the tenancy, rent arrears, power and water arrears, and reimbursement of the filing fee. The tenants want to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- The original application for termination was for breach of 14-day notices for rent, water, and power arrears.
- The rent, power, and water arrears are proven. Rent is now more than 21 days in arrears.
- Where rent is at least 21 days in arrears on the date of hearing where the landlord originally made an application for termination for breach, the Tribunal must make either a final or a conditional termination order. 1
- Ms Donovan seeks a conditional order. Ms Le-Gros says the tenants have been in touch with their MSD case officer who has indicated MSD will assist with payment of the debt. I am satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach. A conditional termination order is made.
- The conditional termination order will lapse if it is fully complied with. If the tenants breaches the order, the possession order may be enforced for 90 days from the first breach. 2 1 Residential Tenancies Act 1986 (RTA), ss 56(2), 55(1A). 2 RTA, s 64(4)(b). Filing fee
- The Tribunal must order the tenants to reimburse the landlord for the filing fee because the landlord has been wholly successful in its application.