Published tribunal order
Tenancy Tribunal case 5163512 — Rent arrears at Suite 1F, 15 Nelson Street, Auckland Central, Auckland
Decided 16 May 2025 · Published 16 May 2025 · Application 5163512
- 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.
- The following order is made by consent of the parties.
- Neil Sharkey and Tracey O'Brien owes [the landlord] $14,317.00 (“the debt”) being $14,290 rent arrears to Friday 16 May 2025 and $27 filing fee.
- The landlord has reduced the rent payable under the tenancy from $550 per week to $520 per week with effect from Saturday 17 May 2025.
- Neil Sharkey and Tracey O'Brien must pay rent and the debt as follows: a. By 477 weekly payments of $550.00, being $520.00 for rent and $30.00 for the debt. b. A final payment of $544.00, being $520.00 for rent and $22.00 for the debt. c. Payments will be every Saturday, with the first payment on 17 May 2025 and continuing until 8 July 2034.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Suite 1F, 15 Nelson Street, Auckland Central, Auckland 1010, Columbia Apartments will terminate, and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The landlord’s representative and Ms O’Brien attended the hearing which was conducted by telephone.
- The landlord has applied for termination of the tenancy, rent arrears and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.
- 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.
- The parties have agreed on the terms of a conditional termination order, and I have therefore made an order in the agreed terms.
- The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order may be enforced for 90 days from the first breach.
- The parties discussed other things during the tenancy, but it is unnecessary and impracticable to refer to them here. I would simply acknowledge the landlord’s exceptional efforts to keep this tenancy on foot.