Published tribunal order
Tenancy Tribunal case 4782111 — Rent arrears at 38B Vine Street, Mangere East, Auckland 2024
Decided 31 Jan 2024 · Published 31 Jan 2024 · Application 4782111
Mixed / unclear
- Rent arrears
Order
- Ronil Devia owes Shaheem Rah'Mani $1,653.44 (“the debt”) comprising rent arrears of $1,633.00 to 30 January 2024 and the filing fee of $20.44.
- Ronil Devia must pay rent and the debt as follows: a. By a payment of $1,653.44 by 11.59pm today 31 January 2024. b. By payment of current rent of $550.00 by 11.59pm today 31 January 2024 and every Wednesday after that until the end of the tenancy on 19 March 2024.
- Payments will be allocated in the following order: rent, rent arrears, 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 38B Vine Street, Mangere East, Auckland 2024 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing which I conducted by phone.
- 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.
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 (RTA).
- 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 amount of rent owing is proved by the landlord’s rent records produced in evidence. The tenant accepted the amount of rent owing.
- 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) RTA.
- The landlord has served notice to terminate the tenancy effective 19 March 2024.
- The tenant must pay rent when due between now and the end of the tenancy.
- The landlord did not seek a name suppression order.
- The tenant applied for name suppression. I make no order as the tenant’s defence to the application did not succeed; the tenancy is terminated albeit conditionally – see section 95A RTA.