Published tribunal order
Tenancy Tribunal case 4627829 — Rent arrears at Unit/Flat 5, 90A Wallace Road, Papatoetoe, Auckland 2025
Decided 21 Sept 2023 · Published 21 Sept 2023 · Application 4627829
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
- Benjamin Dean Ali owes [The landlord/s] $1,784.44 (“the debt”) being $1,350.00 for rent arrears, $414.00 for water charges and $20.44 for the filing fee.
- Benjamin Dean Ali must pay the weekly rent and the rent arrears as follows: a. By a payment of $450.00 for the current weekly rent by 5pm on Tuesday 5 September 2023; and b. By weekly payments of $600.00, being $450.00 for rent and $150.00 for the rent arrears each Tuesday before 5pm, starting on Tuesday 12 September 2023.
- Payments will be allocated in the following order: rent, rent arrears, water charges 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 5, 90A Wallace Road, Papatoetoe, Auckland 2025 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The water charges of $414.00 and the filing fee of $20.44 are payable immediately.
Reasons
- Both parties attended the telephone hearing today.
- 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.
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 (section 55(1)(a) and (1A) of the 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. After discussion with the parties, I have granted a conditional termination order. The rent arrears will be paid in 9 weeks if $150.00 extra is paid towards the arrears each week.
- 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.