Published tribunal order
Tenancy Tribunal case 5251482 — Rent arrears at Unit/Flat Flat 4, 30 Pine Avenue, Henderson, Auckland
Decided 11 Jun 2025 · Published 11 Jun 2025 · Application 5251482
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Craig Dennis Markham owes Kāinga Ora–Homes And Communities $17,645.71 (“the debt”).
- Craig Dennis Markham must pay rent and the debt as follows: a. By 588 fortnightly payments of $334.00, being $304.00 for rent and $30.00 for the debt. b. A final payment of $309.71, being $304.00 for rent and $5.71 for the debt. c. Payments will be every other Friday, with the first payment on 13/06/2025 and continuing until 27/12/2047.
- Payments will be allocated to rent and then to arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Flat 4, 30 Pine Avenue, Henderson, Auckland 0612 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt 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 told me that this is their preference too if they are provided with the security of a conditional termination order.
- It is unlikely in my mind that the respondent will be able to sustain this agreement till 2047 as is required by this order however he has assured me that he will. Typically, this tenancy would be terminated immediately but I am granting the request of both parties for a conditional termination order.
- The respondent attributed his repeated breaches over the course of the tenancy to MSD, his employer, and the job market. He should consider this order a final chance to salvage his tenancy. Going forward there should be no doubt in his mind that the payment of rent and rent arrears as stipulated in the order, his tenancy agreement, and any other validly issued notices varying the rent, is his sole responsibility. The failure of any third party will not be a reason for this tenancy to continue should he breach the terms of this order. If he anticipates a breach, he should take steps to prepare himself to vacate the tenancy should the breach eventuate.
- It is my expectation that the applicant will enforce the terms of this order should its terms be breached. To not do so, would be failure to mitigate its losses as required under section 49 of the RTA.
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.