Published tribunal order
Tenancy Tribunal case 5261443 — Rent arrears at Unit/Flat Apartment 103, 1550A Great North Road,
Decided 8 Jul 2025 · Published 8 Jul 2025 · Application 5261443
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Shahram Vahedi Kia owes Kāinga Ora–Homes And Communities $1,903.85 (“the debt”) being rent arrears to Wednesday 9 July 2025.
- Shahram Vahedi Kia must pay rent and the debt as follows: a. By 95 weekly payments of $212.00, being $192.00 for rent and $20.00 for the debt. b. A final payment of $195.85, being $192.00 for rent and $3.85 for the debt. c. Payments will be every Thursday, with the first payment on 10/07/2025 and continuing until 06/05/2027.
- 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 Unit/Flat Apartment 103, 1550A Great North Road, Waterview, Auckland 1026 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 by phone. The respondent did not attend or answer the phone when called on the provided phone number twice.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The applicant tells me the respondent has been making regular repayments and they would prefer the security of a conditional termination order rather than immediate termination.
- I have granted a conditional termination order.
- 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. This is because the respondent has made 10 consecutive payments so far on the repayment plan. It is unfortunate that they were not here to talk to their ability to sustain the arrangement today but if they breach again then they should consider this order notice that their tenancy will be terminated. It is my expectation that the applicant will enforce the order in the case of any further breach.
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.