Published tribunal order
Tenancy Tribunal case 5137010 — Rent arrears at 114 Friedlanders Road, Manurewa, Auckland 2102
Decided 28 Apr 2025 · Published 28 Apr 2025 · Application 5137010
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Sheena Luaiva Leuo owes Kāinga Ora–Homes And Communities $1,236.00 (“the debt”) being rent arrears for the period ending 30 April 2025.
- Sheena Luaiva Leuo must pay rent and the debt as follows: a. By 61 weekly payments of $162.00, being $142.00 for rent and $20.00 for the debt. b. A final payment of $158.00, being $142.00 for rent and $16.00 for the debt. c. Payments will be every Thursday, with the first payment on 01/05/2025 and continuing until 02/07/2026.
- 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 114 Friedlanders Road, Manurewa, Auckland 2102 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The landlord attended the video conference hearing represented by Ms Rea. The tenant did not join the video conference. The Tribunal also attempted to telephone the tenant or the hearing, but the call went unanswered. I am satisfied that the tenant received notice of the hearing and did not attend.
- The landlord has applied for termination of the tenancy and rent arrears but will accept a repayment arrangement 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. This is demonstrated by the fact that the tenant has been paying current rent in the last few weeks and an extra $30 towards arrears. 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.