Published tribunal order
Tenancy Tribunal case 5274381 — Rent arrears at Unit/Flat a, 43 Hermitage Street, Flat Bush, Auckland 2019
Decided 15 Jul 2025 · Published 15 Jul 2025 · Application 5274381
Landlord favoured
- Rent arrears
Order
- Primrose Seliagina Edwards owes Grovefield Joal Limited As The Agent For Aiqin Gao $7,107.00 (“the debt”) being $7080.00 in rent arrears to Monday 14 July 2025 and $27.00 for the application filing fee.
- Primrose Seliagina Edwards must pay rent and the debt as follows: a. By 2 weekly payments of $3,360.00, being $840.00 for rent and $2,520.00 for the debt. b. A final payment of $2,907.00, being $840.00 for rent and $2,067.00 for the debt. c. Payments will be every Monday, with the first payment on 14/07/2025 and continuing until 28/07/2025.
- 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 on the due dates: a. The tenancy at Unit/Flat a, 43 Hermitage Street, Flat Bush, Auckland 2019 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 on 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 advised this is their preference also.
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 Grovefield Joal Limited As The Agent For Aiqin Gao has wholly succeeded with the claim I must reimburse the filing fee.