Published tribunal order
Tenancy Tribunal case 5011290 — Rent arrears at 40 Holland Avenue, Point England, Auckland 1072
Decided 1 Oct 2024 · Published 1 Oct 2024 · Application 5011290
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- Lynette Singh owes [The landlord/s] $3,784.00 (“the debt”).
- Lynette Singh must pay rent and the debt as follows: a. By 37 weekly payments of $413.00, being $313.00 for rent and $100.00 for the debt. b. A final payment of $397.00, being $313.00 for rent and $84.00 for the debt. c. Payments will be every Thursday, with the first payment on 03/10/2024 and continuing until 19/06/2025.
- 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 2 working days of the due dates: a. The tenancy at 40 Holland Avenue, Point England, Auckland 1072 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. 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.
- The landlord has applied for rent arrears and has provided rent records which prove the amount of $3784.00 owing as of 26 September 2024.
- The landlord has applied for suppression of their name and details and as they have been successful, I will grant them suppression.