Published tribunal order
Tenancy Tribunal case 4901993 — Rent arrears at Unit/Flat 1I, 4045 Great North Road, Glen Eden, Auckland
Decided 12 Jul 2024 · Published 12 Jul 2024 · Application 4901993
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Wilhelm Faapoi and Joe Falefatu owes Crockers Property Management Limited As Agent For Pepperwood Mews Ltd $1,270.00 (“the debt”) being rent arrears to 25 July 2024.
- Wilhelm Faapoi and Joe Falefatu must pay rent and the debt fortnightly of $1,580.00, being $1,240.00 for rent and $310.00 for the debt, until the debt is cleared. Payments will be every other Thursday, with the first payment on 25/07/2024 and continuing until the arrears are cleared.
- Payments will be allocated in the following order: rent, rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 1I, 4045 Great North Road, Glen Eden, Auckland 0602 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt 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?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.