Published tribunal order
Tenancy Tribunal case 5092089 — Rent arrears at 171 Whitney Street, Blockhouse Bay, Auckland 0600
Decided 24 Feb 2025 · Published 24 Feb 2025 · Application 5092089
Mixed / unclear
- Rent arrears
Order
- Michael Robinson owes Barfoot & Thompson Limited Mt Eden Rentals Acting On Behalf Of Yuanfang Huang $677.00 (“the debt”) being rent arrears to 26 February 2025 of $650.00 and the filing fee of $27.00.
- Michael Robinson must pay rent and the debt as follows: a. By 13 weekly payments of $700.00, being $650.00 for rent and $50.00 for the debt. b. A final payment of $677.00, being $650.00 for rent and $27.00 for the debt. c. Payments will be every Thursday, with the first payment on 27/02/2025 and continuing until 29/05/2025.
- 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 171 Whitney Street, Blockhouse Bay, Auckland 0600 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?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.