Published tribunal order
Tenancy Tribunal case 4791357 — Rent arrears at Unit/Flat 2, 33 Panorama Road, Mount Wellington,
Decided 5 Mar 2024 · Published 5 Mar 2024 · Application 4791357
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- John Henry Wall owes Kāinga Ora–Homes And Communities $4,578.28 being rent arrears to 5 March 2024 (“the debt”).
- John Henry Wall must pay rent and the debt as follows: a. By 152 weekly payments of $99.00, being $69.00 for rent and $30.00 for the debt. b. A final payment of $87.28, being $69.00 for rent and $18.28 for the debt. c. Payments will be every Tuesday, with the first payment on 12/03/2024 and continuing until 09/02/2027.
- Payments will be allocated in the following order: current rent and then rent arrears.
- If the tenant fails to pay current rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 2, 33 Panorama Road, Mount Wellington, Auckland 1060 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- A representative of the landlord attended the hearing by telephone.
- The tenant did not attend. I attempted to contact the tenant three times during the hearing, none of the calls were answered.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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 landlord is entitled to a final termination order but is prepared to give the tenant a final opportunity to repay the debt. As such, 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.