Published tribunal order
Tenancy Tribunal case 4784961 — Rent arrears at 11A Pendene Place, Forrest Hill, Auckland 0620
Decided 28 Feb 2024 · Published 28 Feb 2024 · Application 4784961
Landlord favoured
- Rent arrears
Order
- Jonte Nastasha Fester and Taku Tai Moana Hiku owe Auckland City-Living Management Limited As Agent For Shou Zhi Yin & Ming Xie $4,040.00 rent arrears to 28 February 2024 and $20.44 for the filing fee – total debt is $4,060.44.
- Jonte Nastasha Fester and Taku Tai Moana Hiku must pay normal rent and the debt as follows: a. By releasing the bond of $3,360.00 to the landlord immediately for rent arrears. b. By a payment of $4,340.44 on or before 19 March 2024, being $3,640.00 for rent from 21 February to 19 March 2024 plus $680.00 for remaining rent arrears after the bond is paid to the landlord and $20.44 for the filing fee. c. The tenants will then make bond by payments of $840.00 to the landlord with each four weekly normal rent payment. The landlord will pay the bond to the Bond Centre each time it is paid. Payments of normal rent and $840.00 bond will be as follows: i.$4,480.00 on or before Tuesday,16 April 2024 ii.$4,480.00 on or before Tuesday, 14 May 2024 iii.$4,480.00 on or before Tuesday, 11 June 2024 iv.$4,480.00 on or before Tuesday, 9 July 2024
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 11A Pendene Place, Forrest Hill, Auckland 0620 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The Bond Centre is to pay the bond of $3,360.00 (3118539-004) to Auckland City-Living Management Limited As Agent For Shou Zhi Yin & Ming Xie immediately.
Reasons
- Jonte represented Taku at 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.
- The parties agreed to the conditional termination order. 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.