Published tribunal order
Tenancy Tribunal case 5238712 — Rent arrears at 14 Orion Place, Hillcrest, Auckland 0627
Decided 7 Jul 2025 · Published 7 Jul 2025 · Application 5238712
Landlord favoured
- Rent arrears
Order
- Tania Joy Swan owes Uno Property Management Limited As Agent For Qiaohong Fang & Gungming Nie $2,277.09 (“the debt”) being $1274.24 for rent arrears to Wednesday 9 July 2025, $975.85 for water rates arrears to 28 May 2025 and $27.00 for the application filing fee.
- Tania Joy Swan must pay rent and the debt as follows: a. By 30 weekly payments of $815.00, being $740.00 for rent and $75.00 for the debt. b. A final payment of $767.09, being $740.00 for rent and $27.09 for the debt. c. Payments will be every Thursday, with the first payment on 10/07/2025 and continuing until 05/02/2026.
- Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
- If the tenant fails to pay rent, rent arrears and water rates within 2 working days of the due dates: a. The tenancy at 14 Orion Place, Hillcrest, Auckland 0627 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.
- The landlord has applied for termination of the tenancy, rent arrears, outgoings and the application filing fee. The tenant wants to repay the debt to avoid immediate termination. The applicant has told me this is their preference too.
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.
- The Tribunal may also terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by failing to pay the water rates. On Wednesday 16 April 2025 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy. I find that because some of these bills have been due for over a year and there is no evidence that the respondent has made any efforts to clear the water debt.
- 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.
- The applicant has provided records showing the amounts owing. I am satisfied these records are correct.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- Because the applicant is wholly successful I have awarded the application filing fee. See Section 102(4)(a) RTA 1986.