Published tribunal order
Tenancy Tribunal case 4691110 — Rent arrears at 19 Plumley Crescent, Mangere, Auckland 2022
Decided 30 Oct 2023 · Published 30 Oct 2023 · Application 4691110
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Omayra Noor Carolina Liv Ali Muhammad and Thomas Jason Williams owes Gg Blue Enterprises Limited as Agent for Deborah Godwin Marie $3,357.58 (“the debt”).
- Omayra Noor Carolina Liv Ali Muhammad and Thomas Jason Williams must pay rent and the debt as follows: a. By 27 weekly payments of $760.00, being $640.00 for rent and $120.00 for the debt. b. A final payment of $757.58, being $640.00 for rent and $117.58 for the debt. c. Payments will be every Thursday, with the first payment on 09/11/2023 and continuing until 16/05/2024.
- 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 19 Plumley Crescent, Mangere, Auckland 2022 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.
- The tenants must pay their rent of $640.00 in full on Thursday 2 November 2023.
Reasons
- The landlord and both tenants attended the hearing by teleconference.
- 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.
- Because Gg Blue Enterprises Limited As Agent for Deborah Godwin Marie has wholly succeeded with the claim I must reimburse the filing fee.