Published tribunal order
Tenancy Tribunal case 4876282 — Rent arrears at 34A Kensington Avenue, Mount Eden, Auckland 1024
Decided 12 Jun 2024 · Published 12 Jun 2024 · Application 4876282
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Josh Millan owes Barfoot & Thompson Limited Epsom As Agent For Demin Wang & Xiaoyan Jin $6,710.44 (“the debt”), being rent arrears of $6,690.00 to 17 June 2024 and the filing fee of $20.44.
- Josh Millan must pay rent and the debt as follows: a. By a payment of rent arrears today, 12 June 2024, of $5000.00 1 . b. By weekly payments of $1,265.00, being $1,115.00 for rent and $150.00 for the debt. The weekly payments will commence on Tuesday 18 June 2024 and continue every Tuesday thereafter until the debt is paid.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates in [2]: a. The tenancy at 34A Kensington Avenue, Mount Eden, Auckland 1024 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately. 1 This payment has left the tenant account but has yet to be received by the landlord.
- 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, conducted via video-conference.
- 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 (“RTA”). This matter is determined as per 55(1) after applying s 56(2) RTA. A 14-day notice to remedy was served on 29 April 2024 and has not been remedied.
- 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. Filing fee
- Because Barfoot & Thompson Limited Epsom As Agent For Demin Wang & Xiaoyan Jin has wholly succeeded with the claim I must reimburse the filing fee.