Published tribunal order
Tenancy Tribunal case 5292579 — Rent arrears at Unit/Flat 1305B, 8 Lakewood Court, Manukau 2104
Decided 9 Jul 2025 · Published 9 Jul 2025 · Application 5292579
Landlord favoured
- Rent arrears
Order
- Rahu Harley D Harris owes Wolfbrook Property Management Limited As Agent For Kella Investments Limited $807.00 (“the debt”) being $780.00 in rent arrears to Friday 11 July 2025 and $27.00 for the application filing fee.
- Rahu Harley D Harris must pay rent and the debt as follows: a. By 1 weekly payments of $1,170.00, being $390.00 for rent and $780.00 for the debt. b. A final payment of $417.00, being $390.00 for rent and $27.00 for the debt. c. Payments will be every Friday, with the first payment on 11/07/2025 and finishing on Friday 18 July 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 within 2 working days of the due dates: a. The tenancy at Unit/Flat 1305B, 8 Lakewood Court, Manukau 2104 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
- 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 landlord tells me that this is their preference also.
- The respondent tells me that these circumstances came about when he started a new job and his previous income stopped.
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 Wolfbrook Property Management Limited As Agent For Kella Investments Limited has wholly succeeded with the claim I must reimburse the filing fee.