Published tribunal order
Tenancy Tribunal case 4856360 — Rent arrears at 27 View Road, Henderson, Auckland 0612
Decided 30 May 2024 · Published 30 May 2024 · Application 4856360
Landlord favoured
- Rent arrears
Order
- Helen Ramsay owes Austar Property Services Limited Trading As Ray White - Central West As Agent For Michael McDaid $1,839.03 (“the debt”) being rent arrears of $1,650.00 to 30 May 2024 and water rates of $189.03.
- Helen Ramsay must pay current rent and the debt as follows: a. By weekly payments of $600.00, being $550.00 for rent and $50.00 for the debt. b. The payments at 2a. will be every Wednesday, with the first payment on 05/06/2024 and continuing until the debt is paid in full. c. A payment of $189.03 for the water rates on or before Friday, 7 June 2024.
- Payments will be allocated in the following order: rent, rent arrears, and the water rates.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 27 View Road, Henderson, Auckland 0612 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 rates within 2 working days of the due date, the water rates 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.