Published tribunal order
Tenancy Tribunal case 5113189 — Rent arrears at Unit/Flat 2, 9 Wyllie Road, Papatoetoe, Auckland 2025
Decided 12 Mar 2025 · Published 12 Mar 2025 · Application 5113189
- Rent arrears
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.
- Vikash Anand Kumar owes [The applicant/s] $1,107.00 (“the debt”) – made up of $1,080 in rent arrears and $27 for the filing fee.
- Vikash Anand Kumar must pay the debt, in full, by no later than 5pm 26 March 2025. Vikash Anand Kumar must also continue to pay rent as it falls due.
- If Vikash Anand Kumar fails to pay rent and the debt within 2 working days of the due date: a. The tenancy at Unit/Flat 2, 9 Wyllie Road, 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.
Reasons
- The Landlord attended the hearing. The Tenant did not.
- The landlord has applied for a conditional termination of the tenancy and rent arrears.
Should a conditional termination order be made?
- The weekly rent for the premises is $360. The rent summary provided by the Landlord shows that the rent arrears at the date of the hearing were $1,080, meaning the rent was in arrears by exactly 21 days.
- Where rent is at least 21 days in arrears on the date the matter is determined, the Tribunal may make either a final or a conditional termination order. See sections 56(2) and 55(1)(a) and (1A) of the Residential Tenancies Act 1986 (the RTA).
- The Landlord has asked me to make a conditional termination order. The Tenant has previously failed to fully comply with a Tribunal order requiring full repayment of arrears, but the Landlord wants to give the Tenant one last chance to pay the rent arrears.
- The Landlord asked that I order that the rent arrears must be repaid within one week. I think that is an unrealistically short period of time. Instead, I consider a period of two weeks to be more appropriate to allow the Tenant an opportunity to organise payment.
- In making this conditional termination order, I also note that the Tenant has been paying the rent regularly for the last nine weeks. I am therefore satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. Accordingly, I have granted a conditional termination order.
- Because it has wholly succeeded in its claim, the Landlord is entitled to name suppression and to recover the filing fee of $27 from the Tenant. I order accordingly.
- 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) of the RTA.