Published tribunal order
Tenancy Tribunal case 5203491 — Rent arrears at 133 Miramar North Road, Miramar, Wellington 6022
Decided 24 Jun 2025 · Published 24 Jun 2025 · Application 5203491
Landlord favoured
- Rent arrears
Order
- Latasi Vesi and Sililo Laulu owes Te Toi Mahana $4,507.01 being $4480.01 in rent arrears to Tuesday 24 June 2025 and $27.00 for the application filing fee (“the debt”).
- Latasi Vesi and Sililo Laulu must pay rent and the debt as follows: a. Weekly payments of $509.50 towards current rent every Wednesday starting Wednesday 25 June 2025 and every Wednesday thereafter. b. Fortnightly payments of $100.00 on Friday 27 June 2025 towards the debt in order 1.
- Payments will be allocated in the following order: rent, rent arrears, and then to 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 133 Miramar North Road, Miramar, Wellington 6022 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 by phone
- The landlord has applied for termination of the tenancy and rent arrears.
- Both parties have told me that they came to an agreement for rent to be paid weekly every Wednesday and the debt to be paid in instalments of $100.00 on Friday every fortnight starting on Friday 27 June 2025.
- I spoke to the respondent about their ability to sustain this agreement for almost two years which is what will be required if they only make the minimum payments. They assured me that they can do this and were motivated to do so to salvage their tenancy.
- The applicant provided rent records showing the amount owing to Sunday 29 June 2025. I have deducted 5 days rent from this total to reflect the next payment date of Wednesday 25 June 2025.
Should suppression be granted?
- I have considered the applicants request for suppression however I consider that publication is in the public interest given that the applicant is a social housing provider administering a public service.
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.
- Because Te Toi Mahana has wholly succeeded with the claim I must reimburse the filing fee.