Published tribunal order
Tenancy Tribunal case 4866002 — Rent arrears at 100 Merewhira Road, Paremoremo, RD 3, Auckland 0793
Decided 2 Jul 2024 · Published 2 Jul 2024 · Application 4866002
Landlord favoured
- Rent arrears
Order
- Deborah Taylor owes Crockers Property Management Limited $1,499.44 (“the debt”) as per the table below:
- Deborah Taylor must the debt in full by 11:59pm on Wednesday 10 July 2024.
- If the tenant fails to pay the debt within 2 working days of the due date: a. The tenancy at 100 Merewhira Road, Paremoremo, RD 3, Auckland 0793 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The landlord attended the hearing. The tenant did not attend. The hearing proceeded in the tenant’s absence.
- The landlord had applied for termination of the tenancy, rent arrears and refund of the bond. However, at the date of the hearing the tenant had made progress in paying some of the rent arrears. Accordingly, the landlord no longer sought a final termination, rather, a conditional termination was sought.
- The conditional termination gives the tenant a further week to repay the arrears and rent. It is only if the tenant fails to pay the remaining rent arrears and rent by 11:59pm on Wednesday 10 July 2024 that the tenancy will come to an end.
Should a conditional termination order be made?
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing to today’s date. As at the date of the application, the rent was at least 21 days in arrears.
- 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 it is in the tenant’s best interests (and the landlord consents) to order a conditional termination rather than final termination. Given the tenant has made some progress in repaying rent owed since the application was made, I consider the tenant should be given a final opportunity to repay the remaining arrears, and rent, so that she can retain the tenancy. I have therefore 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.
- Given the landlord has succeeded with the claim the tenant must also reimburse the landlord for the filing fee. Calculation of rent to 10 July 2024
- At the hearing, the landlord provided a copy of a 60-day Notice of Rent Increase dated 1 May 2024 which notified the tenant that as of 4 July 2024, the rent will increase from $505.00 per week to $555.00 per week.
- The rent records provided by the landlord indicate there has not been a rent increase in the past 12 months. The last rent increase was in July 2021.
- Therefore, the calculation for rent from 4 July onwards in the table above is at a rate of $555 per week.