Published tribunal order
Tenancy Tribunal case 4759918 — Rent arrears at 17A Grassways Avenue, Pakuranga, Auckland 2010
Decided 20 Feb 2024 · Published 20 Feb 2024 · Application 4759918
Mixed / unclear
- Rent arrears
Order
- Haiasini Teisi and Halatoa Ongo Teisi owe Crockers Property Management Limited as agent for Guangchao $1,402.81 (“the debt”) comprising rent arrears to 22 February 2024 of $1,191.86, water rates to 8 January 2024 of $190.51, and the filing fee of $20.44.
- Haiasini Teisi and Halatoa Ongo Teisi must pay rent and the debt as follows: a. By weekly payments of $1,080.00, being $880.00 for rent and $200.00 for the debt. b. Payments will be every Friday , with the first payment on 23 February 2024 and continuing until the debt is paid in full.
- Payments will be allocated in the following order: rent, rent arrears, water rates, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 17A Grassways Avenue, Pakuranga, Auckland 2010 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 water rates and the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Ms Liang represented the landlord. Neither tenant attended the hearing. I conducted the hearing by phone. My calls to the tenants went to voice mail.
- The landlord has applied for termination of the tenancy, rent arrears, water rates, and the filing fee.
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. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by failing to pay rent when due. On 7 December 2023 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because the rent has often been in arrears and remains in arrears as of today.
- Ms Liang gave evidence that she had discussed how the tenants might make payments towards the rent arrears.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, I am satisfied the tenant 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. See 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. See section 64(4)(b) Residential Tenancies Act 1986.
- The tenant must pay the landlord’s Tribunal filing fee.