Published tribunal order
Tenancy Tribunal case 5164111 — Rent arrears at 46 Lysander Crescent, Beach Haven, Auckland 0626
Decided 3 Mar 2025 · Published 3 Mar 2025 · Application 5164111
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- KARYN ISABELL TUAPAWA owes Kāinga Ora–Homes And Communities $17,092.00 (“the debt”).
- KARYN ISABELL TUAPAWA must pay rent and the debt as follows: a. By 341 weekly payments of $493.00, being $443.00 for rent and $50.00 for the debt. b. A final payment of $485.00, being $443.00 for rent and $42.00 for the debt. c. Payments will be every Tuesday, with the first payment on 04/03/2025 and continuing until 16/09/2031.
- Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 46 Lysander Crescent, Beach Haven, Auckland 0626 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing by telephone.
- The landlord has applied for termination of the tenancy and rent arrears. 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.