Published tribunal order
Tenancy Tribunal case 4642830 — Rent arrears at Unit/Flat 2, 393 Great South Road, Papatoetoe, Auckland
Decided 26 Sept 2023 · Published 26 Sept 2023 · Application 4642830
- 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 and identifying details.
- Anuj Kumar owes [The landlord/s] $5,055.88 (“the debt”) made up as follows: a. Rent arrears to 9 September 2023 $4,900.00. b. Water rates $135.44. c. Bond $2,800.00 d. Reimbursement of the filing fee $20.44.
- Anuj Kumar must pay rent and the debt as follows: a. By weekly payments of rent of $700.00 with the first payment due on 9 September 2023. b. Monthly payments of $1,000.00 in reduction of the debt with the first payment due on 30 September 2023 and then on the 30 th of each subsequent month until the debt is repaid in full.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and the debt within 2 working days of the due dates: a. The tenancy at Unit/Flat 2, 393 Great South 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.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
- Once the tenant has repaid the debt in full, this conditional Order shall cease.
Reasons
- Both parties attended the hearing by telephone.
- The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
- The tenant agreed that he owed rent arrears of $4,900.00 to 9 September 2023, water rates of $135.44 and had not paid the bond.
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 landlord was prepared to accept that 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. Filing fee
- Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.