Published tribunal order
Tenancy Tribunal case 5080449 — Rent arrears at Unit/Flat 1, 371 Massey Road, Mangere East, Auckland
Decided 28 Jan 2025 · Published 28 Jan 2025 · Application 5080449
- Rent arrears
- 14-day notice
- Water Rates
Order
- [The tenant/s] and [The tenant/s] owes Goldbrook Realty Limited as Agent for Lan Liu $1,145.91 (“the debt”) being $969.97 for rent arrears to Monday 3 February 2025, water charges of $148.94 and the filing fee of $27.00.
- [The tenant/s] and [The tenant/s] must pay the current rent and the rent arrears as follows: a. By weekly payments each Monday of $545.00 being $495.00 for the current weekly rent and $50.00 towards the rent arrears. The first payment is due before 5pm on Monday 3 February 2025 and payment must be made before 5pm each following Monday until the rent arrears are paid.
- Payments will be allocated in the following order: current weekly rent, rent arrears, water charges and the filing fee.
- If the tenant fails to pay the current weekly rent and the rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 1, 371 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.
- The water charges and filing fee are payable immediately.
- If the tenant fails to pay the water charges and the filing fee within 2 working days of the due date, the water charges and 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, water charges and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
- 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.
- The tenant breached their obligations by not paying the weekly rent and water charges. On 9 September 2024 and 15 October 2024, the landlord served 14- day notices on the tenant. The rent and water charges were not paid off as required, although at some point in December 2024 the rent arrears were cleared before immediately falling into arrears again.
- I am satisfied that it would be inequitable to refuse to terminate the tenancy if the rent arrears are not paid in accordance with this order. There have been long periods of arrears. For example, the rent was in arrears from 3 September 2022 to 4 September 2023 and was 15 days in arrears when the application was filed on 21 November 2024. I am satisfied that the tenant can pay the weekly rent and contribute each week towards the remaining rent arrears. I have granted a conditional termination order.
- This 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.