Published tribunal order
Tenancy Tribunal case 5163677 — Rent arrears at 71 Black Beech Crescent, Takanini 2110
Decided 27 Mar 2025 · Published 27 Mar 2025 · Application 5163677
- Rent arrears
Order
- [The tenant/s] and [The tenant/s] owe GG Blue Enterprises Limited T/[The landlord/s] $4,563.76 (“the debt”) calculated as shown in the table below.
- [The tenant/s] and [The tenant/s] must pay rent and the debt as follows: a. By paying the rent of $695 tomorrow 28 March 2025. b. By 45 weekly payments thereafter of $795.00, being $695.00 for rent and $100.00 for the debt. c. A final payment of $758.76, being $695.00 for rent and $63.76 for the debt. d. Payments of the rent plus $100 will be every Friday, with the first payment on 4 April 2025 and continuing until 20 February 2026.
- 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 71 Black Beech Crescent, Takanini, Takanini 2110 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
- The hearing was conducted by telephone. Both parties attended.
- 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, as in this case, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The parties have agreed to a conditional termination order and so I have an made an order in the agreed terms.
- 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.