Published tribunal order
Tenancy Tribunal case 4979668 — Rent arrears at 14 Middlemore Crescent, Papatoetoe, Auckland 2025
Decided 15 Oct 2024 · Published 15 Oct 2024 · Application 4979668
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Sosefina Elia owes Kāinga Ora–Homes And Communities $260.00 for rent arrears to 15 October 2024 (“the debt”).
- Sosefina Elia must pay rent and the debt as follows: a. By 5 weekly payments of $330.00, being $280.00 for rent and $50.00 for the debt. b. A final payment of $290.00, being $280.00 for rent and $10.00 for the debt. c. Payments will be every Thursday, with the first payment on 17/10/2024 and continuing until 21/11/2024.
- 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 14 Middlemore Crescent, Papatoetoe, Auckland 2025 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
- A representative of the landlord attended the hearing by telephone. The tenant did not attend. I made two calls to her mobile number during the hearing, but the calls were not answered.
- The landlord has applied for a conditional termination of the tenancy and rent arrears.
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.
- The landlord is satisfied the tenant will pay the debt within the period specified in the order and sought conditional termination. I have made an order accordingly.
- 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.