Published tribunal order
Tenancy Tribunal case 4576057 — Rent arrears at 8 Waiari Road, Conifer Grove, Takanini 2112
Decided 8 Aug 2023 · Published 8 Aug 2023 · Application 4576057
Mixed / unclear
- Rent arrears
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Danielle Mary Hudson owes Dannielle Carter $1,950.44 (“the debt”) which is made up of $1,930.00 rent arrears and $20.44 filing fee.
- Danielle Mary Hudson must pay rent and the debt as follows: a. By 39 weekly payments of $650.00, being $600.00 for rent and $50.00 for the debt. b. A final payment of $600.44, being $600.00 for rent and $0.44 for the debt. c. Payments will be every Wednesday, with the first payment on 09/08/2023 and continuing until 08/05/2024.
- 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 8 Waiari Road, Conifer Grove, Takanini 2112 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.
- This order incorporates the Tribunal order made on 6 July 2023 under this application 4576057. The previous order must not be enforced.
Reasons
- Both parties attended the telephone hearing today.
- 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.
- Where rent is at least 21 days in arrears on the date of the hearing, the Tribunal must make either a final or conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986 (RTA).
- The landlord provided a current rent ledger which proves that rent arrears are $1,930.00 calculated up to today, 8 August 2023. This is 22 days in arrears.
- A telephone hearing was held on 6 July 2023 and an order made for payment of the rent arrears in a lump sum payment (as the tenant was hopeful that this could be arranged).
- The lump sum payment has not been possible, and the landlord has now agreed to a repayment arrangement of $50.00 per week on top of weekly rent of $600.00.
- This order incorporates the order made on 6 July 2023 which must not be enforced.
- I have made a conditional termination order which means that if any repayment ($650.00) is more than 2 working days late, the tenancy will terminate, and the landlord will have the right to immediate possession. No further hearing or application is required.
- The amount owing includes the filing fee which I must award to a successful applicant.