Published tribunal order
Tenancy Tribunal case 5140749 — Rent arrears at 375B Maungatapu Road, Maungatapu, Tauranga 3112
Decided 14 May 2025 · Published 14 May 2025 · Application 5140749
Landlord favoured
- Rent arrears
Order
- Steven Vaomotou owes Accessible Properties New Zealand Limited $3,570.71 (“the debt”), as calculated in the table below.
- Steven Vaomotou must pay rent and the debt as follows: a. By making weekly payments of $446.00, being $421.00 for rent and $25.00 for the debt. b. Payments will be every Thursday , with the first payment on 22 May 2025 and continuing until the whole of the debt is cleared.
- Payments will be allocated in the following order: 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 375B Maungatapu Road, Maungatapu, Tauranga 3112 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing which was held by telephone.
- The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment 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.
- After discussion at today’s hearing 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 say this largely because the tenant advised me at today’s hearing that he is going to apply to MSD for a rent review which should see a reduction in his rent because of his reduced working hours. I have therefore 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.
- I note tat as well as the rent and rent arrears, the tenants is required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. C ter Haar 14 May 2025