Published tribunal order
Tenancy Tribunal case 4886153 — Rent arrears at 10A Megan Avenue, Pakuranga Heights, Auckland 2010
Decided 19 Jun 2024 · Published 19 Jun 2024 · Application 4886153
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Julia Reid and David Cocks owes Five Am Property Management Limited $3,600.44 (“the debt”), being rent arrears of $3,580.00 to Friday 21 June 2024 and the filing fee of $20.44.
- Julia Reid and David Cocks must pay rent and the debt as follows: a. By paying $630.00 for rent as due on Saturday 22 June 2024. Rent of $630.00 is due every Saturday thereafter. b. By payment of $3,600.44, being the debt, no later than Saturday 22 June 2024.
- 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: a. The tenancy at 10A Megan Avenue, Pakuranga Heights, Auckland 2010 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.
- 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. Section 56(2) also has application here.
- I am satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach. I have granted a conditional termination order. Having said that, the historic issues and previous failures to remedy rent arrears would make any future breaches, and subsequent landlord application, unlikely to result in further conditional opportunities.
- 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.
- Because Five Am Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.