Published tribunal order
Tenancy Tribunal case 5097689 — Rent arrears at Unit/Flat Unit 202, 397E Ormiston Road, Flat Bush,
Decided 9 Apr 2025 · Published 9 Apr 2025 · Application 5097689
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] and [The tenant/s] tenant/s] owe Kāinga Ora–Homes And Communities $5,135.52 (“the debt”), which is rent arrears to 7 April 2025.
- [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay rent and the debt as follows: a. By weekly payments of $298.00, being $258.00 per week for rent and $40.00 per week towards the debt, starting on Thursday 10 April 2025 with payments continuing every Thursday until the debt is paid in full.
- Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Unit 202, 397E Ormiston Road, Flat Bush, Auckland 2019 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Ms Thompson-Wise, representing the landlord, and Mr Fineaso, representing both tenants, both attended the teleconference hearing.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
- Rent was at least 21 days in arrears on the date the application was filed.
- The landlord provided rent records which prove the amount owing to 7 April 2025, which is $5,135.52.
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 the tenant will 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.