Published tribunal order
Tenancy Tribunal case 5214891 — Rent arrears at 20 Portsea Place, Chatswood, Auckland 0626
Decided 6 Jun 2025 · Published 6 Jun 2025 · Application 5214891
Landlord favoured
- Rent arrears
- 14-day notice
- Water Rates
Order
- Joshua Hepple owes The Rental Bureau Limited As Agent For Owner Hannah Davis $1,635.99 (“the debt”) being rent arrears of $310.00, rent due today of $1,110.00 and water rates of $215.99.
- Joshua Hepple must make the following payments: a. $1,260.00 today Friday 6 June 2025. b. $288.00 on Tuesday 10 June 2025. c. The next rent of $1,110.00 on Friday 13 June 2025. d. $88.00 on Tuesday 17 June 2025 .
- Payments will be allocated in the following order: rent, rent arrears, and the water rates.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 20 Portsea Place, Chatswood, Auckland 0626 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 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.
- 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.