Published tribunal order
Tenancy Tribunal case 5075448 — Rent arrears at Unit/Flat 2, 187A Buckland Road, Mangere East, Auckland
Decided 17 Dec 2024 · Published 17 Dec 2024 · Application 5075448
- Rent arrears
- 14-day notice
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 and identifying details.
- Tamaiti Joseph David Gordon Taylor and Moana Kura Waipouri - Taylor owes [The landlord/s] $6,202.00 (“the debt”) being rent arrears of $6,175.00 and reimbursement of the filing fee of $27.00.
- Tamaiti Joseph David Gordon Taylor and Moana Kura Waipouri - Taylor must pay the debt in one lump sum no later than 5 pm this Thursday 19 December 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 Unit/Flat 2, 187A Buckland Road, Mangere East, Auckland 2024 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 by telephone.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the filing fee. 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 that the tenant should be given a final opportunity to 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.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.