Published tribunal order
Tenancy Tribunal case 5223551 — Rent arrears at 66A Pukaki Road, Mangere, Auckland 2022
Decided 12 Jun 2025 · Published 12 Jun 2025 · Application 5223551
Landlord favoured
- Rent arrears
Order
- Faavae Lafi owes The Property Managers Limited $1,352.72 (“the debt”) being $1325.72 in rent arrears to Wednesday 11 June 2025 and $27.00 for the application filing fee.
- Faavae Lafi must pay rent and the debt as follows: a. $560.00 on Wednesday 11 June 2025 being $500.00 towards current rent and $60.00 towards the debt in order 1. b. $600.00 on Wednesday 18 June 2025 and on Wednesday every week thereafter being $500.00 for rent and $100.00 towards the debt in order 1 until the debt is paid in full.
- 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 66A Pukaki Road, Mangere, Auckland 2022 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.
- 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.
- The applicant has provided rent records showing the amount owing to Saturday 14 June 2025. I am satisfied these records are correct. I have amended the total payable in this order to reflect the first payment date of Wednesday 11 June 2025.
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 The Property Managers Limited has wholly succeeded with the claim I must reimburse the filing fee.