Published tribunal order
Tenancy Tribunal case 5143690 — Rent arrears at 9 Patea Place, Otara, Auckland 2023
Decided 6 Mar 2025 · Published 6 Mar 2025 · Application 5143690
Landlord favoured
- Rent arrears
Order
- Asinate Meafoou owes Kāinga Ora–Homes And Communities $1,387.00 (“the debt”) being rent arrears of $1,142.00 for the period ending 10 March 2025 and skip bin costs balance of $245.
- Asinate Meafoou must pay rent and the debt as follows: a. By 69 weekly payments of $250.00, being $230.00 for rent and $20.00 for the debt. b. A final payment of $237.00, being $230.00 for rent and $7.00 for the debt. c. Payments will be every Thursday, with the first payment on 13/03/2025 and continuing until 09/07/2026.
- Payments will be allocated in the following order: rent, rent arrears, and the skip bin costs.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 9 Patea Place, Otara, Auckland 2023 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 skip bin costs within 2 working days of the due date, the costs will be payable immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and skip bin costs. 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.