Published tribunal order
Tenancy Tribunal case 5129708 — Rent arrears at 30 Cargill Street, Papakura, Papakura 2110
Decided 19 Feb 2025 · Published 19 Feb 2025 · Application 5129708
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Miracle Sopaima Deborah Pili Faatamala and Kitiona Pili Faatamala owes Reliable Rental Management Limited T/A Harcourts Manurewa As Agent For Ranjit $2,800.00 (“the debt”).
- Miracle Sopaima Deborah Pili Faatamala and Kitiona Pili Faatamala must pay rent and the debt as follows: a. One payment of $2,800.00 on 20 February 2025 for the arrears. b. By making weekly rent payments of $700.00, due on 24 February 2025 and weekly thereafter.
- Payments will be allocated in the following order: rent, followed by rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 30 Cargill Street, Papakura, Papakura 2110 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing by teleconference.
- 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.
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.