Published tribunal order
Tenancy Tribunal case 5185111 — Rent arrears at 11B Ropata Avenue, Point England, Auckland 1072
Decided 8 May 2025 · Published 8 May 2025 · Application 5185111
- Rent arrears
- Property damage
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 names and identifying details of both parties
- [The tenant/s] owes [The landlord/s] $2,079.00 (“the debt”) comprising rent arrears of $1,256.75, damages of $795.25, and the filing fee of $27.00.
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $469.00, being $319.00 for rent and $150.00 for the debt but paid fortnightly. b. Payments will be every, with the first payment on 9 May 2025 and continuing until the debt is paid in full .
- Payments will be allocated in the following order: rent, rent arrears and damage, and the filing fee.
- If the tenant fails to pay rent and rent arrears and damage within 2 working days of the due dates: a. The tenancy at 11B Ropata Avenue, Point England, Auckland 1072 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
- Both parties attended the hearing which I conducted by phone.
- The landlord has applied for termination of the tenancy, rent arrears, outstanding damage costs, and the filing fee. 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.
- The landlord is aware that the tenant pays her rent fortnightly in line with her pay cycle.
- Both parties sought a name suppression order. As the hearing has been successful for both (the tenant obtaining the benefit of a conditional order) the Tribunal orders suppression of the names and identifying details of both parties.