Published tribunal order
Tenancy Tribunal case 4947553 — Rent arrears at 16 Deveron Road, Manurewa, Auckland 2102
Decided 30 Aug 2024 · Published 30 Aug 2024 · Application 4947553
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Tevita Simou Taukapo and Ilisapeti Mahe owes Kāinga Ora–Homes And Communities $3,076.00 (“the debt”) being rent arrears and rent to 3 September 2024.
- Tevita Simou Taukapo and Ilisapeti Mahe must pay rent and the debt as follows: a. By 161 weekly payments of $205.00, being $186.00 for rent and $19.00 for the debt. b. A final payment of $203.00, being $186.00 for rent and $17.00 for the debt. c. Payments will be every Thursday, with the first payment on 05/09/2024 and continuing until 07/10/2027.
- Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 16 Deveron 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.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy and rent arrears or a conditional termination order. 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 has agreed to pay the debt within the period specified in the order. 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.