Published tribunal order
Tenancy Tribunal case 4669689 — Rent arrears at Unit/Flat 26B, 16 Gore Street, Auckland Central, Auckland
Decided 25 Mar 2024 · Published 25 Mar 2024 · Application 4669689
- Rent arrears
- 14-day notice
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.
- Peng Chen and Xiaolian Hu owes [The landlord/s] $3,150.00 (“the debt”).
- Peng Chen and Xiaolian Hu must pay rent and the debt as follows: a. A payment of $3,780.00 on 19 February 2024, being $630.00 for rent and $3,150.00 for the debt.
- 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 date: a. The tenancy at Unit/Flat 26B, 16 Gore Street, Auckland Central, Auckland 1010, The Oaks will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt 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.
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.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing.