Published tribunal order
Tenancy Tribunal case 5033989 — Rent arrears at 27A Boyd Avenue, Royal Oak, Auckland 1061
Decided 13 Feb 2025 · Published 13 Feb 2025 · Application 5033989
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- The tenant’s application for rehearing is granted and was reheard today with the consent of both parties.
- FAONELUA ULA FALE and Veisinia Ula Fale owes Kāinga Ora–Homes and Communities $7,143.74 (“the debt”).
- FAONELUA ULA FALE and Veisinia Ula Fale must pay rent and the debt as follows: a. By 210 weekly payments of $228.00, being $194.00 for rent and $34.00 for the debt. b. A final payment of $197.74, being $194.00 for rent and $3.74 for the debt. c. Payments will be every Tuesday, with the first payment on 18/02/2025 and continuing until 27/02/2029.
- Payments will be allocated in the following order: rent, and rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 27A Boyd Avenue, Royal Oak, Auckland 1061 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- This matter came before the Tribunal for hearing on 10 December 2024. At that stage the rent was in arrears in the amount of $7,760.87.
- Calls were placed to both tenants on the numbers provided but neither tenant answered the calls. As the tenants had been served with the landlord’s claim the hearing proceeded in the tenants’ absence. The tenancy was terminated as the rent was more than 21 days in arrears.
- On 13 December 2024 the tenants applied for a rehearing on the basis that one of their phones is out of service and that they missed the calls made to the other phone. The tenants’ application for a rehearing was set down for hearing this morning.
- At the hearing Ms Eder and Mr Van Gent appeared for the landlord. Veisinia Fale appeared on behalf of Faonelua Fale (and confirmed that she had authority to do so).
- Ms Fale explained that they missed the calls from the Tribunal on the day but that they have been paying rent consistently together with the sum of $34.00 per week towards the arrears since the day of previous hearing.
- For the sake of efficiency, and with the consent of both parties, I re-heard the matter today.
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 has concerns that the rent has been in arrears since 2018, that the arrears are considerable, and that the tenant has entered into payment arrangements previously that have not been adhered to.
- The tenants confirmed that they understand that if a conditional termination order is made today they will need to pay rent as it falls due together with an additional weekly payment until the arrears is repaid. Ms Fale explained that the extra payments are being made by WINZ and that the payments will continue to be paid every week.
- I am satisfied, based on the most recent payment history and assurances from Ms Fale, that the tenants will pay the rent arrears within the timeframe set out in the order above and will not commit any further breach 1 . The tenants have reduced the arrears significantly since the order was made. 1 See section 55(1A) Residential Tenancies Act 1986
- As discussed at the hearing, the tenants will need to ensure that no payments are missed by more than two working days if they wish to retain the tenancy. If they anticipate any difficulty in making any of the payments they should urgently contact their landlord (through their case manager) to discuss.