Published tribunal order
Tenancy Tribunal case 4949134 — Rent arrears at 122A Wordsworth Road, Manurewa, Auckland 2102
Decided 20 Aug 2024 · Published 20 Aug 2024 · Application 4949134
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Jane Vaine owes Kāinga Ora–Homes and Communities $52.00 (“the debt”) for rent arrears to the end of 19 August 2024.
- Jane Vaine must pay rent and the debt as follows: a. By 2 weekly payments of $109.00, being $84.00 for rent and $25.00 for the debt. b. A final payment of $86.00, being $84.00 for rent and $2.00 for the debt. c. Payments will be every Tuesday, with the first payment on 27/08/2024 and continuing until 10/09/2024.
- Payments will be allocated in the following order: rent, and then the debt.
- If the tenant fails to pay rent and the debt within 2 working days of the due dates: a. The tenancy at 122A Wordsworth Road, Manurewa, Auckland 2102 will terminate and the landlord will be entitled to immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The hearing was conducted by telephone.
- Selwyn Motu attended the hearing for the landlord.
- The tenant attended for herself.
- The landlord has applied for conditional termination of the tenancy based on rent arrears. The tenant wants to continue to repay the debt by instalments 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: s 55(1)(a) and (1A) of the Residential Tenancies Act 1986.
- The arrears were at $959.00 when the landlord applied to the Tribunal. The tenant has already reduced those arrears considerably.
- The landlord seeks only a conditional termination order. The tenant consents to that. A conditional order is granted by consent.
- 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: s 64(4)(b) Residential Tenancies Act 1986.