Published tribunal order
Tenancy Tribunal case 4956994 — Rent arrears at 13A Taranui Place, Henderson, Auckland 0612
Decided 2 Sept 2024 · Published 2 Sept 2024 · Application 4956994
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Kimiora Te Patu Penetana-Mehana owes Kāinga Ora–Homes And Communities $6,860.00 (“the debt”), being rent due to today.
- Kimiora Te Patu Penetana-Mehana must pay rent and the debt as follows: a. By 68 weekly payments of $620.00, being $520.00 for rent and $100.00 for the debt. b. A final payment of $580.00, being $520.00 for rent and $60.00 for the debt. c. Payments will be every Thursday, with the first payment on 05/09/2024 and continuing until 25/12/2025.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee. The tenant may pay more towards rent arrears as she is able.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 13A Taranui Place, 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, conducted via teleconfierence.
- 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. She has worked g=hard recently to reduce it. 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.