Published tribunal order
Tenancy Tribunal case 4886700 — Rent arrears at 34 Rollerson Street, Papakura, Papakura 2110
Decided 11 Jul 2024 · Published 11 Jul 2024 · Application 4886700
Landlord favoured
- Rent arrears
- Water Rates
Order
- Ngatokorua Teremoana Anthony, Travel Iripa, Junior Iripa, Kimiravenga Anthony and Lionel Paraha owe Shelter Realty Limited T/A: Harcourts Te Atatu as Agent for Vannara Chea $4,447.22 (the debt) being $2,712.86 for rent to 10 July 2024, water arrears of $1,713.92 to March 2024, and the filing fee of $20.44.
- Ngatokorua Teremoana Anthony, Travel Iripa, Junior Iripa, Kimiravenga Anothny and Lionel Paraha must pay current rent and the debt as follows: a. A payment of $650.00 must be made by 5pm on Friday 12 July 2024 for this week’s rent; b. Weekly payments of $900.00 (being $650.00 for current rent, $200.00 for rent arrears and $50.00 for water) must be made, with the first payment by 5pm on Friday 19 July 2024 and continuing on Friday each week until the arrears are paid.
- Payments will be allocated in the following order: current rent, rent arrears, water charges and the filing fee.
- If the tenant fails to pay the current rent and rent arrears within 2 working days of the due dates: a. The tenancy at 34 Rollerson Street, Papakura, Papakura 2110 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.
Reasons
- Both parties attended the hearing today.
- 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.
- Of the 5 tenants on the tenancy, there are 4 tenants living at the premises. Two of them are currently working and the discussion today indicated that they have the financial resources to comply with this order.
- 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.