Published tribunal order
Tenancy Tribunal case 5196711 — Rent arrears at Unit/Flat 7, 14B Kaponga Crescent, New Lynn, Auckland
Decided 10 Apr 2025 · Published 10 Apr 2025 · Application 5196711
- Rent arrears
Order
- [The tenant/s] owes [The landlord/s] $2,787.00 (“the debt”) being $2,760.00 for rent and rent arrears to 17 April 2025 and the filing fee of $27.00.
- [The tenant/s] must pay the rent and rent arrears of $2,760.00 by 5pm on Friday 18 April 2025.
- Payments will be allocated in the following order: current weekly 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 Unit/Flat 7, 14B Kaponga Crescent, New Lynn, Auckland 0600 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The filing fee of $27.00 is payable immediately.
Reasons
- Both parties attended the telephone hearing today.
- 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.
- 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 tenant says the rent arrears will be paid by WINZ and they have already paid $5,520.00 being the rent arrears to 31 March 2025. The tenant had overlooked that the rent arrears were more than this. 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.
- The landlord’s application has succeeded. I award the filing fee.