Published tribunal order
Tenancy Tribunal case 5124115 — Rent arrears at 17A Clements Street, Otahuhu, Auckland 1062
Decided 7 Mar 2025 · Published 7 Mar 2025 · Application 5124115
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- LIANA AMILAGI AMITUANAI owes Kāinga Ora–Homes And Communities $2,096.00 (“the debt”) being rent arrears.
- LIANA AMILAGI AMITUANAI must pay rent and the debt as follows: a. By 65 weekly payments of $120.00, being $88.00 for rent and $32.00 for the debt. b. A final payment of $104.00, being $88.00 for rent and $16.00 for the debt. c. Payments will be every Wednesday, with the first payment on 12/03/2025 and continuing until 10/06/2026.
- Payments will be allocated in the following order: rent then rent arrears,
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 17A Clements 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 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?
- 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.
- The tenant breached their obligations by falling into rent arrears. The landlord has served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the amount of arrears substantially exceeds 21 days of rent and so the tenancy is terminable under section 55(1)(a) RTA.
- 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.