Published tribunal order
Tenancy Tribunal case 4747015 — Rent arrears at 32 Hollyford Drive, Clover Park, Auckland 2105
Decided 3 Jan 2024 · Published 3 Jan 2024 · Application 4747015
- Rent arrears
Party names are redacted in the official published order.
Order
- Pepe Taupulega owes [The landlord/s] $6,670.44 for rent arrears to 20 December 2023, bond and filing fee (“the debt”), calculated as follows: DescriptionLandlord Bond $2550.00 Rent arrears $6650.00 Filing fee$20.44 Total award$9220.44 Total payable by Tenant to Landlord$9220.44
- Pepe Taupulega must pay rent and the debt as follows: a. The weekly rent of $850.00 is due on Thursday 21 December 2023 and every Thursday after that. b. A lump sum of $8000.00 for the debt will be made by 5.00pm on Thursday 21 December 2023. This lump sum will go to clear the rent arrears and $1350.00 will go towards the unpaid bond. c. The bond of $2550.00 has not been paid. The remaining balance of the bond, after deducting the $1350.00 from the lump sum, is $1200.00. d. The tenant will pay $150.00 per week towards the $1200.00 for the outstanding bond money. These payments will be made weekly with the rent payment, starting 28 December 2023.
- If the tenant fails to pay rent, rent arrears and bond within 2 working days of the due dates: a. The tenancy at 32 Hollyford Drive, Clover Park, Auckland 2105 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 by teleconference.
- The landlord has applied for termination of the tenancy, rent arrear, and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by not paying the weekly rent and the bond. On 6 November , 11 December, and 15 December 2023 the landlord served 14-day notices on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Rent arrears.
- The landlord has applied for rent arrears and has provided rent records which prove the amount of $6650.00 owing as of 20 December 2023.
- I am satisfied that the landlord has proven their claim for rent arrears. Bond
- At the commencement of the tenancy a bond of $2550.00 was to be paid. Despite numerous emails and demands for the bond to be paid, the tenant has failed to do so.
- The landlord seeks that if the tenancy is to continue that the bond be paid. The tenant accepts that a bond was required at the start of the tenancy and that she has failed to pay it. The tenant is willing to pay the bond as set out above. Suppression
- The landlord is seeking suppression of his name and identifying details. As the landlord has been wholly successful in his claims, I am granting suppression.
- Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.