Published tribunal order
Tenancy Tribunal case 5152316 — Rent arrears at 25E Lynbrooke Avenue, Blockhouse Bay, Auckland 0600
Decided 3 Mar 2025 · Published 3 Mar 2025 · Application 5152316
- Rent arrears
- 14-day notice
- Water Rates
Order
- [The tenant/s] owes Home365 Property Management Limited As Agents For Chantilly Estate $3,842.29 (“the debt”) being $2,940.00 for rent arrears to Friday 7 March 2025, water charges to February 2025 of $591.46, gas and power charges of $283.83 and the filing fee of $27.00.
- [The tenant/s] must pay the debt by making the following payments: a. A payment of $591.46 for the water charges by 5pm on Tuesday 4 March 2025. b. A payment of $283.83 for gas and power by 5pm on Tuesday 11 March 2025. c. A payment of $2,450.00 by 5pm on Saturday 8 March 2025 being $980.00 for the current rent and $1,470.00 towards the rent arrears. d. A payment of $2,450.00 by 5pm on Saturday 15 March 2025 being $980.00 for that week’s rent and $1,470.00 in final payment of the rent arrears.
- Payments will be allocated in the following order: current rent, rent arrears, outgoings, and the filing fee.
- If the tenant fails to make the rent payments set out in Orders 2(c) and 2(d) above within 2 working days of the due dates: a. The tenancy at 25E Lynbrooke Avenue, Blockhouse Bay, Auckland 0600 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 outgoings in accordance with Orders 2(a) and 2(b) above the balance of the debt will be payable immediately.
- The filing fee is payable immediately.
Reasons
- Both parties attended the videoconference hearing today.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant requested time to repay the debt to avoid immediate termination.
- When a landlord applies for termination of a tenancy and the rent is at least 21 days in arrears at the hearing date, the Tribunal must make either a final or a conditional termination order (sections 56(2) an 55(1)(a) of the Residential Tenancies Act 1986 (the Act)).
- Alternatively, the Tribunal may also terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach (section 56(1) of the Act).
- The landlord said that they served notices on the tenant requiring rent arrears to be remedied. The emails that were provided during the hearing do not, on review after the hearing, strictly comply with the requirements of section 56(1)(b)(i) in that they do not clearly specify the nature of the breach or require the tenant to remedy the breach within a reasonable time (being not less than 14 days).
- However, the hearing proceeded on the basis that the tenant had been notified of rent arrears on multiple occasions. The tenant did not dispute the amounts owed. I consider that the tenant has effectively had notice of the breach and been required to remedy it within a reasonable time. After months of fluctuating arrears since late 2024, the rent will be at least 21 days in arrears by the end of the current rent week, which expires on Friday 7 March 2025. I consider it is appropriate to make a conditional termination order as agreed between the parties.
- I reiterate that the consequential clause applies to the payment of rent and the rent arrears, but not to the payment of outgoings. This means the consequential provision – termination of the tenancy – applies to Orders 2(c) and 2(d) only. Failure to pay any amount set out in Order 2 also results in acceleration of the debt. I do not consider it would be inequitable to refuse to terminate the tenancy for failure to pay the outgoings as specified.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach.
- The landlord’s application has been successful. I award the filing fee.