Published tribunal order
Tenancy Tribunal case 5188440 — Rent arrears at 19 The Oval, Paremoremo, Auckland 0632
Decided 13 Jun 2025 · Published 13 Jun 2025 · Application 5188440
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Jason De Cruz and Melissa Sullivan also known as Melissa De Cruz owes Colliers New Zealand Limited As Agent For Department Of Corrections $9458.57.00 for rent and $27.00 for the application fee, being a total debt of $9,485.57.
- Jason De Cruz and Melissa Sullivan also known as Melissa De Cruz must pay rent and the debt as follows: a. By 43 fortnightly payments of $1,300.00, being $1,080.00 for rent and $220.00 for the debt. b. A final payment of $565.57, being $540.00 for rent and 25.57 for the debt. c. Payments will be every Tuesday, with the first payment on 17/06/2025 and continuing until the debt is paid in full.
- 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 19 The Oval, Paremoremo, Auckland 0632 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 which was held by telephone.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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 (RTA).
- 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) RTA.
- In granting a conditional termination order I have considered that this is the third conditional termination order the Tribunal has made for this tenancy in the last two years. The tenants have assured me that they are now in a financial position where they can pay their rent and the extra amount they have agreed to pay as set out in the order above every fortnight. The landlord is supportive of this third conditional termination order.
- However I warn the tenants that any further application for a conditional termination made on the ground that rent is in arrears is unlikely to be granted by the Tribunal.
- For clarity I confirm that the landlord accepts rent is due fortnightly and that the rent due to be paid on 17 June is for the rent period 20 June 2025 to 3 July 2025 (that is, rent is payable in advance of the rent period).
- As the tenant has an established record of paying rent each Tuesday fortnight I have recorded Tuesday as the date payments are to be made under the conditional order set out above.
- Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.