Published tribunal order
Tenancy Tribunal case 5077748 — Rent arrears at Unit/Flat 3, 287 Massey Road, Mangere East, Auckland
Decided 20 Dec 2024 · Published 20 Dec 2024 · Application 5077748
Landlord favoured
- Rent arrears
Order
- Nivanna Tawha owes 360 Property Management Limited $3,597.91 (“the debt”), being rent and rent arrears to 26 December 2024 of $3,471.43, water rates of $99.48 and the filing fee of $27.00.
- Nivanna Tawha must pay rent and the debt as follows: a. By 35 weekly payments of $780.00, being $680.00 for rent and $100.00 for the debt. b. A final payment of $777.91, being $680.00 for rent and $97.91 for the debt. c. Payments will be every Friday, with the first payment on 27/12/2024 and continuing until 29/08/2025 or the debt is paid.
- Payments will be allocated in the following order: rent, rent arrears, water rates 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 3, 287 Massey 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 water rates and the filing fee within 2 working days of the due date, the water rates and filing fee will be payable immediately.
Reasons
- The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
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 tenant breached their obligations by failing to pay rent arrears. On 14 October 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. Further, a mediated order sealed on 14 November 2024 established payments terms as per this order. The tenant failed to adhere to it. dated It would be inequitable to refuse to terminate the tenancy.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence and the support of the landlord in granting a final chance, I am satisfied the tenant should be given the opportunity to pay the debt within the period specified in the order. If she manages this and returns to her historic timely rent payment she is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) 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. Water rates
- The landlord sought outstanding water rates of $99.48. The evidence confirms this and the amount sought is awarded in full. Filing fee
- Because 360 Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.