Published tribunal order
Tenancy Tribunal case 5087769 — Rent arrears at 19 Kakapo Place, Papatoetoe, Auckland 2025
Decided 3 Mar 2025 · Published 3 Mar 2025 · Application 5087769
- Rent arrears
- 14-day notice
Order
- [The tenant/s], [The tenant/s] and [The tenant/s] owes Fair Rentals Limited As Agent For Gurkirpa Investment Ltd $1,627.00 (“the debt”) being rent arrears of $1,600.00 to Friday 7 March 2025 and the filing fee of $27.00.
- [The tenant/s], [The tenant/s] and [The tenant/s] must pay the current weekly rent and the rent arrears as follows: a. By weekly payments of $900.00, being $800.00 for current rent and $100.00 for the rent arrears. b. Payments must be made every week on Saturday, with the first payment due on Saturday 8 March 2025.
- Payments will be allocated in the following order: current 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 19 Kakapo Place, Papatoetoe, Auckland 2025 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The filing fee is payable immediately.
Reasons
- Both parties attended the hearing today by videoconference.
- 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. A claim for rubbish removal costs ($10.00) relating to collection of a green bin has been resolved.
- 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.
- On 20 November 2024 the landlord served a 14-day notice on the tenant for rent arrears, but the breach was not remedied within the required period. The tenant has since reduced the arrears (which were not quite 21 days in arrears at the date of the application) to $1,600.00 at the end of the current rent week on Friday 7 March 2025 (2 weeks). It would be inequitable to refuse to terminate the tenancy if the next rent payment is not made.
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination.
- 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.
- The landlord’s application has been successful. I award the filing fee.