Published tribunal order
Tenancy Tribunal case 4855749 — Rent arrears at 44 Senator Drive, Manurewa, Auckland 2105
Decided 20 Jun 2024 · Published 20 Jun 2024 · Application 4855749
Landlord favoured
- Rent arrears
Order
- Moote Kakiauea and Taara Kamaunea owes The Rent Shop Limited As Agent For Shiril Sharma $4,104.74 (“the debt”) being rent arrears of $2,530 for the period ending Friday, 21 June 2024, water rates of $1554.30 owed as at 31 May 2024 and the filing fee on the application of $20.44.
- Moote Kakiauea and Taara Kamaunea must pay rent and the debt as follows: a. A payment of $3,210 to be made by Friday 21 June 2024 of which $2,530 is to be applied to rent arrears for the period ending 21 June 2024 and $680 is to be applied to current rent due for the period ending Friday 28 June 2024; b. A payment of $600 to be made by Friday 21 June 2024 is to be applied to the above water rates; c. If the payments in orders 2a and b are made, it is anticipated that further rent of $680 will be due for the period commencing Saturday 29 June 2024 and ending on Friday 5 July 2024; the balance owed for the above water rates will be $954.30; and the filing fee of $20.44 will also be owed, taking the balance of the debt to $1654.74; d. Fortnightly payments of $1,510.00 will be made every other Friday, with the first payment on Friday 5 July 2024, being $1,360.00 for rent and $150.00 for the debt.
- Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
- If the tenant fails to pay rent, rent arrears or water rates within 2 working days of the due dates: a. The tenancy at 44 Senator Drive, Manurewa, Auckland 2105 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing by teleconference.
- 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.
- 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 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.