Published tribunal order
Tenancy Tribunal case 4878717 — Rent arrears at Unit/Flat 2, 88 Parrs Cross Road, Henderson, Auckland
Decided 2 Jul 2024 · Published 2 Jul 2024 · Application 4878717
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Amie Marie Gowers owes Goodwin Realty Limited As Agent For Sanjay & Jyotiben Patel $2,640.44 (“the debt”) being rent arrears of $2,620 owed to 02/07/2024 and the filing fee on the application of $20.44.
- Amie Marie Gowers must pay rent and the debt as follows: a. A sum of $1,500.00 to be paid by Wednesday 10 July 2024 for the debt; b. By 8 weekly payments of $500.00, being $360.00 for rent and $140.00 for the debt. c. A final payment of $380.44, being $360.00 for rent and $20.44 for the debt. d. Payments will be every Wednesday, with the first payment on 03/07/2024 and continuing until 28/08/2024.
- 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 Unit/Flat 2, 88 Parrs Cross 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing 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.
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.