Published tribunal order
Tenancy Tribunal case 5018130 — Rent arrears at Unit/Flat Flat 3, 183 Church Street, Otahuhu, Auckland
Decided 25 Nov 2024 · Published 25 Nov 2024 · Application 5018130
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Senia Raki owes Kāinga Ora–Homes And Communities $910.00 (“the debt”), being rent arrears to 27 November 2024.
- Senia Raki must pay rent and the debt as follows: a. By 18 weekly payments of $371.00, being $321.00 for rent and $50.00 for the debt. b. A final payment of $331.00, being $321.00 for rent and $10.00 for the debt. c. Payments will be every Thursday, with the first payment on 28/11/2024 and continuing until 03/04/2025.
- 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 Unit/Flat Flat 3, 183 Church Street, Otahuhu, Auckland 1062 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, conducted via teleconference.
- 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. I have granted a conditional termination order. The rent summary shows the repayment pattern as ordered is already established. Ms Raki just needs to ensure this is maintained every week from now.
- 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.