Published tribunal order
Tenancy Tribunal case 4779096 — Rent arrears at Unit/Flat 7, 316 Blockhouse Bay Road, Avondale, Auckland
Decided 25 Jan 2024 · Published 25 Jan 2024 · Application 4779096
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Graham Thomas William James Edmonds owes Ray White Remuera Property Management Limited As Agent For Diane Chen Trustee For FG Chen's Family Trust $1,150.00 (“the debt”) being rent arrears to 28 February 2024.
- Graham Thomas William James Edmonds must pay rent and the debt as follows: a. By 3 weekly payments of $700.00, being $350.00 for rent and $350.00 for the debt. b. A final payment of $450.00, being $350.00 for rent and $100.00 for the debt. c. Payments will be every Thursday, with the first payment on 01/02/2024 and continuing until 22/02/2024.
- Payments will be allocated in the following order: rent, and rent arrears.
- If the tenant fails to pay rent and rent arrears within 1 working day of the due dates: a. The tenancy at Unit/Flat 7, 316 Blockhouse Bay Road, Avondale, Auckland 0600 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 rent is 21 days in arrears as at the date of application.
- The landlord has applied for immediate termination of the tenancy, rent arrears and refund of the bond. The property manager for the landlord strenuously requests immediate termination of the tenancy today.
- 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 tenant has regular work presently and will be able to clear the arrears quickly and promises not to fall behind in rent again.
- 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.