Published tribunal order
Tenancy Tribunal case 4703530 — Rent arrears at 5 Tokatoka Lane, Wattle Downs, Auckland 2103
Decided 21 Dec 2023 · Published 21 Dec 2023 · Application 4703530
Landlord favoured
- Rent arrears
Order
- Launia Timu owes Emerge Aotearoa Housing Trust $5,212.84 being rent to Friday 5 January 2024 of $5,192.40 (“the debt”) and the filing fee of $20.44. The rent arrears to the end of the current rent week on 25 December 2024 are $4,857.69.
- Launia Timu must pay the debt of $5,192.40 by 5pm on Friday 5 January 2024 to bring the rent up to date.
- Payments will be allocated in the following order: current weekly rent, rent arrears, and the filing fee.
- If the tenant fails to pay the debt within 2 working days of the due date: a. The tenancy at 5 Tokatoka Lane, Wattle Downs, Auckland 2103 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The filing fee is payable immediately.
Reasons
- Both parties attended the telephone hearing today.
- The rent was more than 21 days in arrears when the application for termination was made. The rent arrears to the end of the current rent week are equal to about 22 weeks of rent at the current income-related rent.
- The landlord says the tenant has had since 5 October 2023 (when the application was filed) to resolve any issues with WINZ. The tenant says she is still waiting for a decision from WINZ about whether they are going to provide assistance. It sounds like WINZ made enquiries yesterday to understand the extent of the arrears. It follows from the terms of this order that the tenant is now in need of urgent help from WINZ.
- After discussion, I have granted a conditional termination order. This requires the tenant to bring the rent up to date by 5pm on Friday 5 January 2024 or the tenancy will end. I consider that the high level of arrears justifies 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.
- The landlord has succeeded in obtaining a conditional termination order and is awarded the filing fee.