Published tribunal order
Tenancy Tribunal case 5265899 — Rent arrears at Unit/Flat Flat 5, 53 Jolson Road, Mount Wellington,
Decided 11 Jun 2025 · Published 11 Jun 2025 · Application 5265899
Landlord favoured
- Rent arrears
Order
- Telesia Nina Tatafu and Fepi Kou Tatafu owe Kathleen Barbour $2,267.00 (“the debt”) being $2240.00 in rent arrears to Thursday 19 June 2025 and $27.00 for the application filing fee.
- Telesia Nina Tatafu and Fepi Kou Tatafu must pay Kathleen Barbour $3187.00 on or before Friday 20 June 2025 being $920.00 towards two weeks rent in advance and $2267.00 as full payment of the debt in order 1.
- Payments will be allocated in the following order: 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 Flat 5, 53 Jolson Road, Mount Wellington, Auckland 1062 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
- The applicant attended the hearing by phone. The respondent unreachable despite two attempted calls to the provided number.
- The applicant advised that the respondent is usually contactable by phone, and that they had discussed the timing of today’s hearing.
- The applicant stated that in anticipation of todays hearing the respondent had sent her copies of letters showing that the respondent had cashed in annual leave to pay the rent arrears. She says that the respondent also informed her that her family were going to assist her with payment of the rent arrears. The applicant told me it was their preference to continue with the tenancy if these payments the respondent is promising to pay are paid.
- Considering these circumstances, I am unsure why the respondent has not attended today’s hearing. I am however satisfied that the respondents wish to continue the tenancy and has taken steps to rectify this breach. I have thus granted a conditional termination rather than 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.
- Because Kathleen Barbour has wholly succeeded with the claim I must reimburse the filing fee.