Published tribunal order
Tenancy Tribunal case 4611773 — Rent arrears at Unit/Flat 1, 24 Jutland Street, Waterloo, Lower Hutt 5011
Decided 21 Jul 2023 · Published 21 Jul 2023 · Application 4611773
Landlord favoured
- Rent arrears
- 14-day notice
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Ema Leo and Vagavao Leo owes Rentcare Property Management Limited $3,200.44 (“the debt”), being rent arrears of $3,180 as at 22 July 2023 and the filing application fee of $20.44.
- Ema Leo and Vagavao Leo must pay rent and the debt as follows: a. By paying $1,400 for current fortnightly rent on 22 July 2023. Thereafter; b. By fortnightly payments of $1,500.00, being $1,400.00 for rent and $100.00 for the debt. These payments will commence on Saturday 5 August 2023 and then every other Saturday, continuing until the debt is paid.
- 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 1, 24 Jutland Street, Waterloo, Lower Hutt 5011 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, conducted via teleconference.
- 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.
- An updated rent summary confirmed the rent arrears total.
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 Rentcare Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.