Published tribunal order
Tenancy Tribunal case 4835860 — Rent arrears at 1799 Great North Road, Avondale, Auckland 1026
Decided 6 May 2024 · Published 6 May 2024 · Application 4835860
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Scott Alexander Rhodes-Ball and Mark Miller owes One Place Limited As Agent For Wild Family Trust $8,993.69 (“the debt”), being rent arrears of $8973.25 (to 8 May 2024) and the application filing fee of $20.44.
- Scott Alexander Rhodes-Ball and Mark Miller must pay rent and the debt as follows: a. By 4 weekly payments of $1100.00, being $900.00 for rent and $200.00 for the debt. The first payment of $1,100.00 is due Thursday 9 May 2024 and then weekly for the next three Thursdays. b. A final payment of $8,193.69, being the remaining debt, due Friday 31 May 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 1799 Great North Road, Avondale, Auckland 1026 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.
- 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.
- 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 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 One Place Limited As Agent For Wild Family Trust has wholly succeeded with the claim I must reimburse the filing fee.