Published tribunal order
Tenancy Tribunal case 5237357 — Rent arrears at 244 Point View Drive, East Tamaki Heights, Auckland 2016
Decided 21 May 2025 · Published 21 May 2025 · Application 5237357
Landlord favoured
- Rent arrears
Order
- Michael John Witika Hall will pay Sophy Xu and Yongfei Li $11,007.00 on Wednesday 21 May 2025 as calculated in the table below.
- If the payment in paragraph 1. is not made as specified the tenancy will terminate and possession of the tenancy address will be granted to Sophy Xu and Yongfei Li.
Reasons
- Both parties attended the hearing in person.
- This is a consent order. As such the it will not be published.
- 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.
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.
- 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.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing.