Published tribunal order
Tenancy Tribunal case 5197111 — Rent arrears at 7A Ramsey Street, Papatoetoe, Auckland 2025
Decided 9 Jun 2025 · Published 9 Jun 2025 · Application 5197111
- Rent arrears
Order
- [The tenant/s], [The tenant/s], [The tenant/s], [The tenant/s], [The tenant/s], and [The tenant/s] (the Tenants) must pay Pro Prana Initiatives Limited (the Landlord) the sum of $6,551.54, representing rent arrears $6,524.54 as at 6 June 2025, and filing fee of $27.00.
- The Tenants must pay the total amount of $6,551.54 in four instalments of $1,637.89 each, with payments to commence on 13 June 2025 and continue weekly thereafter. These payments are in addition to the usual weekly rent of $795.00.
- Tenant [The tenant/s] consents to pay the outstanding Watercare bill of $779.00 by 11:59pm, 6 June 2025 on behalf of all the Tenants.
Reasons
- All parties were properly served with a Notice of Hearing. The Landlord’s directors attended the Hearing; however, only Messrs [The tenant/s] and his 20- year-old son, [The tenant/s], appeared from the six named Tenants. It is understood that another named tenant, [The tenant/s], has resided in Australia since 23 February 2025; nevertheless, she was also properly served but did not attend the Hearing or communicate with the Registry beforehand.
- The Landlord applied for rent arrears and provided rent records, which substantiate the amount owed. This amount is not disputed.
- The Landlord accepted the explanation given by the attending tenants, [The tenant/s] and [The tenant/s], that the other tenants have not been paying their share or forwarding their full contributions, and that they would follow up with them. However, it was explained to and understood by all present that the Tenants are jointly and severally liable under the Tenancy Agreement.
- For these reasons and given that all Tenants were properly served with the Notice of Hearing yet failed to attend, the application by [The tenant/s] near the end of the Hearing for an adjournment to allow the other tenants to attend was declined.
- While the Landlord initially sought immediate payment of the rental arrears, considering the otherwise excellent tenancy and the pending termination under a 90-day notice, the Landlord agreed to accept payment in four instalments, which the Tribunal orders accordingly.
- The Landlord raised several questions regarding enforcement and potential issues relating to the upcoming end of the tenancy. The Tribunal recommends that the parties seek appropriate advice, including from publicly available resources as advised during the Hearing.
- The Tribunal acknowledges and thanks the parties who attended today’s Hearing for their considered and respectful conduct and further recognises the difficulties they are facing in this matter.