Published tribunal order
Tenancy Tribunal case 5180213 — Rent arrears at 162 Boord Crescent, RD 1, Kumeu 0891
Decided 19 Mar 2025 · Published 19 Mar 2025 · Application 5180213
Landlord favoured
- Rent arrears
Order
- Robert Opetaia owes Northwest Realty Limited T/A Harcourts Massey North As Agent For Mayleen Jay Maslen $3,000.00 (“the debt”), being rent arrears of $2,973.00 to Sunday 23 March 2025 and the filing fee of $27.00.
- Robert Opetaia must pay rent and the debt as follows: a. By weekly payments of $600.00 for rent. Payments will be every Sunday, with the first payment on 23 March 2025 and continuing weekly until the debt is paid. b. A payment of $3,000 for the debt. This is to be paid in full no later than 5pm Friday 18 April 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 162 Boord Crescent, RD 1, Kumeu 0891 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing, conducted via teleconference.
- 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. Steps are underway by the tenant to access funds to clear the debt in the timeframe set.
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.
- Because Northwest Realty Limited T/A Harcourts Massey North As Agent For Mayleen Jay Maslen has wholly succeeded with the claim I must reimburse the filing fee.