Published tribunal order
Tenancy Tribunal case 4922630 — Rent arrears at Unit/Flat Unit 5, 25 Lloyd Avenue, Mount Albert, Auckland
Decided 22 Jul 2024 · Published 22 Jul 2024 · Application 4922630
Mixed / unclear
- Rent arrears
Order
- Oliver Tewson owes Urban Partners $6,400.00 (“the debt”).
- The debt is made up of the following amounts: a. Rent arrears as of 19 July 2024 of $5,900.00 b. Compensation (insurance access) of $500.00
- Oliver Tewson must pay rent and the debt as follows: a. By 26 weekly payments of $1,150, being $900 for rent and $250 for the debt (less in the 26 th week). b. Payments will be every week, with the first payment on Saturday, 20 July 2024, and continuing until Saturday, 11 January 2025.
- 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 5 working days of the due dates: a. The tenancy at Unit/Flat Unit 5, 25 Lloyd Avenue, Mount Albert, Auckland 1025 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 initially applied for termination of the tenancy, rent arrears, and has sought a conditional order at the hearing. The Tenant wants to repay the debt to avoid immediate termination.
- The Tenant agrees to pay the Landlord $500, the insurance excess for a damaged oven.
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.