Published tribunal order
Tenancy Tribunal case 4615231 — Rent arrears at Unit/Flat 8, 121 Church Street, West End, Palmerston North
Decided 29 Aug 2023 · Published 29 Aug 2023 · Application 4615231
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.
- Rochelle Butler owes Home In Place (New Zealand) Limited $317.58 (“the debt”) being $297.14 for rent arrears to the end of the current rent period and $20.44 for the filing fee.
- Rochelle Butler must pay rent and the debt as follows: a. By payments of $103.00 each week, being $78.00 for rent and $25.00 for the debt. b. The first payment of $103.00 is due before 5pm on Saturday 2 September 2023 and each weekly payment must be paid before 5pm on each following Saturday.
- 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 8, 121 Church Street, West End, Palmerston North 4412 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The filing fee is payable immediately.
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.
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.
- The rent arrears were $285.71 when the application was filed in June 2023. They have increased to $297.14 but the tenant is paying $20.00 each week on top of the rent towards the arrears.
- The landlord was not opposed to a conditional termination order but requested that the tenant pay $50.00 each week towards the arrears. The tenant says she cannot afford to pay more than $20.00 per week. I have adjusted the tenant’s contribution upwards slightly to $25.00 per week, so that the arrears should be fully paid in about 12 weeks instead of 15.
- The tenant is looking for work and is also meeting WINZ, who ought to be able to assist with what are (objectively speaking) a small amount of rent arrears. 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 landlord also claimed the cost of changing the locks on the exterior door. The invoice is from May 2023. There were no photographs provided to support the claim. The tenant said the door was damaged by an abusive partner who was trying to get in. The locks had to be changed to make the property secure. I am not satisfied that the tenant should be held liable for damage caused by someone who she did not want to enter the property. I consider that section 41 of the Residential Tenancies Act 1986 does not apply.
- Apparently there has been more recent damage to the door, caused by an unknown third party for unknown reasons. The Tribunal does not have sufficient information to make any findings about this incident, which was not part of the landlord’s application.
- 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.