Published tribunal order
Tenancy Tribunal case 5183152 — Rent arrears at 6A Adel Place, Weymouth, Auckland 2103
Decided 28 Mar 2025 · Published 28 Mar 2025 · Application 5183152
Landlord favoured
- Rent arrears
Order
- Tui Gotz owes Inspire Real Estate Limited $2,177.00 (“the debt”) calculated as shown in the table below. The following order is made by consent of the parties.
- Tui Gotz must pay rent and the debt by one payment of $2,627.00 on Friday 4 April 2025, being $450.00 for rent and $2,177.00 for the debt.
- If the tenant fails to the pay rent and rent arrears by Tuesday 8 April 2025 (within two working days of Friday 4 April 2025): a. The tenancy at 6A Adel Place, Weymouth, Auckland 2103 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
- The hearing was conducted by telephone. Both parties attended. The tenant was assisted by her niece Donna Paul.
- The landlord has applied for termination of the tenancy, rent arrears and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.
- Where rent is at least 21 days in arrears on the date the application was filed, which is the case here, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The parties agreed the conditional termination order that I have made.
- 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.