Published tribunal order
Tenancy Tribunal case 5063117 — Rent arrears at Unit/Flat 2, 40 Waipuna Road, Mount Wellington, Auckland
Decided 23 Jan 2025 · Published 23 Jan 2025 · Application 5063117
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
- Zhongli Yang and Shanmin Mou owes [The landlord/s] $6,669.86 (“the debt”) being $7,042.86 for rent arrears to 23 January 2025 and the filing fee of $27.00.
- Zhongli Yang and Shanmin Mou must pay rent and the debt as follows: a. By an immediate payment of $3,000.00 toward the rent arrears. b. By weekly payments of $520.00 being $500.00 for the current rent and $20.00 towards the rent arrears. The first payment of $520.00 is due before 5pm on Wednesday 29 January 2025 and must be paid each week before 5pm every Wednesday.
- Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
- If the tenant fails to pay the immediate payment of $3,000.00 or the weekly payments of rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 2, 40 Waipuna Road, Mount Wellington, Auckland 1060 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 today.
- 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.
- 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.
- The tenant explained that there are maintenance issues at the premises and the rent has been increased to a level he cannot afford. He wants to transition to social housing. The landlord opposed a conditional termination order and emphasised that the tenant has had months to address his budget. No rent has been paid since 9 October 2024.
- I understand the landlord’s position and there are clear grounds to terminate the tenancy. At the same time, the tenant is elderly and says he can pay a significant part of the arrears immediately. If that is not the case, it will be evident very soon, and the landlord has the protection of a conditional termination order which will automatically take effect as a final 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.