Published tribunal order
Tenancy Tribunal case 5303364 — Rent arrears at Unit/Flat Unit 9, 2 Collingwood Street, Freemans Bay,
Decided 22 Aug 2025 · Published 22 Aug 2025 · Application 5303364
Landlord favoured
- Rent arrears
Order
- Jon Matthew Begg owes Secure Management Limited $10,908.00 (“the debt”), being $10880.00 in rent arrears to Friday 22 August 2025 and $28.00 for the application filing fee..
- Jon Matthew Begg must pay Secure Management Limited: a. $680.00 on Friday, 22 August 2025 and on Friday, 29 August 2025, towards current rent. b. $11588.00 on Friday, 5 September 2025, being $680.00 towards current rent and $10908.00 as full payment of the debt in order 1.
- 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 Unit 9, 2 Collingwood Street, Freemans Bay, Auckland 1011 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.
- During the hearing the parties agreed to the terms outlined in the order.
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.