Published tribunal order
Tenancy Tribunal case 5075508 — Rent arrears at 14A Bolton Place, Otara, Auckland 2023
Decided 6 Jan 2025 · Published 6 Jan 2025 · Application 5075508
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Maria Sefo Uoka owes Crescendo Holdings Limited $6,900.00 (“the debt”) being rent arrears to 8 January 2025.
- Maria Sefo Uoka must pay rent and the debt as follows: a. Weekly rent of $650.00 on 9 January 2025; b. $6,900.00 for the debt on 13 January 2025; and c. Weekly rent of $650.00 on 16 January 2025.
- 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 above due dates: a. The tenancy at 14A Bolton Place, Otara, Auckland 2023 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.
- 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 landlord accepts the terms of the conditional termination order set out above.
- 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.