Published tribunal order
Tenancy Tribunal case 5080668 — Rent arrears at 27 Cabaret Way, Botany Downs, Auckland 2010
Decided 7 Jan 2025 · Published 7 Jan 2025 · Application 5080668
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- FRIEDA LISA TALALUPE and GASOLOGA VAIMATE owes Kāinga Ora– Homes And Communities $5,177.31 (“the debt”) being rent arrears to 13 January 2025.
- The tenant must pay: a. A sum of $340.00 on Wednesday 8 January 2025 being $322.00 rent and $18.00 reduction of the debt. b. Weekly payments of rent (currently $322.00) beginning on 15 January 2025. c. Weekly payments in reduction of the debt of $33.00 beginning on 15 January 2025.
- Payments will be allocated in the following order: rent and then the debt.
- If the tenant fails to pay the sum of $340.00 tomorrow, or the weekly rent, or any payment in reduction of the debt required under clause 2(c), within 2 working days of the due dates: a. The tenancy at 27 Cabaret Way, Botany Downs, Auckland 2010 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- This conditional termination order remains in force until the debt is repaid in full.
Reasons
- Both parties attended the hearing by telephone.
- The landlord has applied for termination of the tenancy and rent arrears. 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 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.