Published tribunal order
Tenancy Tribunal case 4891282 — Rent arrears at 4 Balfour Road, Manurewa, Auckland 2102
Decided 21 Jun 2024 · Published 21 Jun 2024 · Application 4891282
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Tauturu John, William Adam Hopokingi and Zion Vainetutai-Tane Hyndman owes Wiki Property Management Limited As Agent For Alfredo Sequeiros Residences Trust $3,420.44 (“the debt”), being rent arrears of $3,400 to 27 June 2024 and a filing fee of $20.44.
- Tauturu John, William Adam Hopokingi and Zion Vainetutai-Tane Hyndman must pay rent and the debt as follows: a. By a payment of $1000.00 on Tuesday 25 June 2024, then b. Weekly payments of $880.00, being $680.00 for rent and $200.00 for the debt. Payments will be every Friday, with the first payment of $880.00 on 28 June 2024 and continuing until the debt is paid.
- 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 4 Balfour Road, Manurewa, Auckland 2102 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.
- The application for water rates is declined.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
- The water rates claim is a result of both parties making payments. The landlord made a payment due to a delay by the tenants possibly incurring penalty fees. The water account is now in credit. The landlord payment should refunded by the tenants but at this time I leave that to the parties to resolve. If unresolved, a further landlord application can be made, supported by invoices and payment records.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, or at the date of hearing, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a), 56(2) and (1A) Residential Tenancies Act 1986.
- I am satisfied the tenants will pay the debt within the period specified in the order and they are 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 Wiki Property Management Limited As Agent For Alfredo Sequeiros Residences Trust has substantially succeeded with the claim I have reimbursed the filing fee.