Published tribunal order
Tenancy Tribunal case 4707538 — Rent arrears at Unit/Flat 2, 4 Glen Atkinson Street, St Heliers, Auckland
Decided 24 Nov 2023 · Published 24 Nov 2023 · Application 4707538
Landlord favoured
- Rent arrears
Order
- Seung Min Lee owes Ray White Remuera Property Management Limited As Agent For An St. Heliers Ltd $5,421.02 (“the debt”), being rent arrears of $5000.00, water costs of $400.58, and $20.44 application filing fee.
- Seung Min Lee must pay rent and the debt as follows: a. By a payment of $1,800 today, Friday 24 November 2023. Thereafter; b. By weekly payments of $1,100.00, being $900.00 for rent and $200.00 towards the debt. Payments will be every Thursday, with the first payment on Thursday 30 November 2023 and continuing until the debt is paid.
- Payments will be allocated in the following order: rent, rent arrears, water costs, and the filing fee.
- If the tenant fails to pay the $1,800.00, as well as the rent and rent arrears, within 2 working days of the due dates stipulated in order [2]: a. The tenancy at Unit/Flat 2, 4 Glen Atkinson Street, St Heliers, Auckland 1071 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 water costs and filing fee within 2 working days of the due date, the water costs and filing fee will be payable immediately.
Reasons
- Both parties attended the hearing, conducted via teleconference.
- 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. The tenant accepted a variation to add water costs of $400.58
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.
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order. The tenant may make further payments to reduce the debt faster.
- 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 Ray White Remuera Property Management Limited As Agent For An St. Heliers Ltd has wholly succeeded with the claim I must reimburse the filing fee.