Published tribunal order
Tenancy Tribunal case 4823697 — Rent arrears at 80 Gracechurch Drive, Flat Bush, Auckland 2016
Decided 2 Apr 2024 · Published 2 Apr 2024 · Application 4823697
Landlord favoured
- Rent arrears
Order
- Malaea Diana Nikolao owes The Rent House Limited as Agent for Chancellor Holdings Limited $1,086.16 (“the debt”) being $1,065.72 for rent arrears and $20.44 for the filing fee.
- Malaea Diana Nikolao must pay current rent and the debt as follows: a. By fortnightly payments of $1,950.00, being $1,880.00 for current rent and $70.00 for rent arrears. The first payment is due on Thursday 4 April 2024 and the following fortnightly payment is due on Thursday 18 April 2024. b. By fortnightly payments of $2,000.00, being $1,880.00 for current rent and $120.00 for rent arrears. The first payment is due on Thursday 2 May 2024 and $2,000.00 will be due each successive fortnight on Thursday.
- Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 3 working days of the due dates: a. The tenancy at 80 Gracechurch Drive, Flat Bush, Auckland 2016 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.
- The landlord has permission to request a further hearing by telephone if the instalments need to be adjusted.
Reasons
- Both parties attended the hearing today by telephone.
- 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.
- 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. The rent arrears have come down since the application was filed and is now just over a week’s rent (the weekly rent is $940.00).
- 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 landlord is granted permission to request a further hearing if the instalment payments need to be adjusted. That is because the Tribunal recognises that, even at $120.00 extra per fortnight, the arrears would still take about 18 weeks to pay off.
- 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. The filing fee is awarded.