Published tribunal order
Tenancy Tribunal case 4609070 — Rent arrears at 14 Clyde Road, Wairoa, Wairoa 4108
Decided 5 Sept 2023 · Published 5 Sept 2023 · Application 4609070
Landlord favoured
- Rent arrears
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Shiloe Thompson owes Property Brokers Limited As Agent For Hala Aashour $940.44 (“the debt”). This is the amount of rent arrears and rent to Thursday, 7 September 2023 plus $20.44 filing fee. .
- Shiloe Thompson must pay rent and the debt as follows: a. By 18 weekly payments of $400.00, being $350.00 for rent and $50.00 for the debt. b. A final payment of $390.44, being $350.00 for rent and $40.44 for the debt. c. Payments will be every Thursday, with the first payment on 07/09/2023 and continuing until 11/01/2024.
- 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 14 Clyde Road, Wairoa, Wairoa 4108 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 tenant was phoned but the call was not answered.
- The landlord has applied for termination of the tenancy, rent arrears and the filing fee however will accept extra payments of rent as set out below to avoid immediate termination. The landlord discussed the amount with Shiloe previously and she has begun paying the extra $50.00.
Should a conditional termination order be made?
- The Tribunal may 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 rent arrears as set out in the 14 day notice.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having considered the amount involved and the landlord’s willingness to continue the tenancy. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- 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 landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.