Published tribunal order
Tenancy Tribunal case 4735409 — Rent arrears at 28 Halver Road, Hillpark, Auckland 2102
Decided 23 Jan 2024 · Published 23 Jan 2024 · Application 4735409
Landlord favoured
- Rent arrears
Order
- Gina Marie Tuhua owes The Rent Shop Limited as Agent for Tracey Tetley $5,927.05 (“the debt”) being rent arrears of $3,154.47, water charges of $2,752.14 and the filing fee of $20.44.
- Gina Marie Tuhua must pay the debt as follows: a. By a payment of $850.00 each week. The first payment of $850.00 must be made by 5pm on Saturday 27 January 2024 and every following weekly payment must be made before 5pm on Saturday each week.
- Payments will be allocated in the following order: weekly rent, rent arrears, water charges and the filing fee.
- If the tenant fails to make any weekly payment of $850.00 within 2 working days of the due dates: a. The tenancy at 28 Halver Road, Hillpark, Auckland 2102 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 today.
- The landlord has applied for termination of the tenancy, rent arrears, outgoings, 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 of the hearing, the Tribunal must make either a final or a conditional termination order (sections 56(2) and 55(1)(a) and (1A) of the Residential Tenancies Act 1986).
- The tenant explained the unexpected changes in her family life that have resulted in some rent arrears developing from October 2023. She says she is working and has just been promoted and can afford to pay both the weekly rent of $725.00 plus $125.00 towards the rent and water arrears.
- The landlord points out that there have been previous periods of arrears, and previous mediations, Tribunal proceedings and a cancelled eviction. Not all this background detail is before the Tribunal in terms of the documents presented at the hearing. Still, I take the landlord’s point that no rent has been paid since 9 January 2024, which seems inconsistent with the tenant’s assurances.
- Taking the tenant at her word about her financial situation, I am satisfied the tenant will pay the weekly rent and 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. This provides the landlord with the ability to evict if $850.00 is not paid each week, and it gives the tenant a final opportunity to remedy the breach.
- 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.