Published tribunal order
Tenancy Tribunal case 5230233 — Rent arrears at 4 Harlow Crescent, Glen Innes, Auckland 1072
Decided 2 Jul 2025 · Published 2 Jul 2025 · Application 5230233
Landlord favoured
- Rent arrears
Order
- Nita Kohu owes Tāmaki Regeneration Limited $3,973.00 (“the debt”) being $3946.00 in rent arrears to Monday 7 July 2025 and $27.00 for the application filing fee.
- Nita Kohu must pay rent and the debt as follows: a. By 76 weekly payments of $211.00, being $159.00 for rent and $52.00 for the debt. b. A final payment of $180.00, being $159.00 for rent and $21.00 for the debt. c. Payments will be every Tuesday, with the first payment on 08/07/2025 and continuing until 22/12/2026.
- 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 4 Harlow Crescent, Glen Innes, Auckland 1072 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 applicant attended the hearing. The respondent did not.
- The landlord has applied for termination of the tenancy and payment of rent arrears. They tell me that their preference is for a conditional termination order in recognition of the respondents’ circumstances.
- This application has come to tribunal previously and was referred to mediation at the request of the applicant. The respondent did not engage in the mediation and so the application is thus in front of the tribunal again today. The applicant tells me that they are taking these steps to try and assist the respondent who is facing some challenges in their life. They tell me the respondent has engaged with them to put in place a payment arrangement and has been adhering to the arrangement for almost two months now.
- I am granting the applicants request for consequential termination clause rather than immediate termination on the evidence of the payment history and on the basis of the applicant’s evidence about the respondent’s circumstances. The Tribunal and the applicant have taken every available step to sustain this tenancy however should the payments outlined in this order be defaulted on the respondent should expect for the tenancy to be terminated.
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.