Published tribunal order
Tenancy Tribunal case 4617909 — Rent arrears at 78 Pasture Way, Papamoa Beach, Tauranga 3118
Decided 3 Aug 2023 · Published 3 Aug 2023 · Application 4617909
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
- Stuart Waka Rangi owes Behome Realty Limited as agent for Trams Trust $6,420.44 (“the debt”) calculated as shown in the table below.
- Stuart Waka Rangi must pay rent and the debt as follows: a. By one lump sum payment of $2,000.00 no later than 7 September 2023 b. By 22 fortnightly payments of $1,800.00, being $1,600.00 for rent and $200.00 for the debt c. A final payment of $1,620.44, being $1,600.00 for rent and $20.44 for the debt. d. Payments will be every other Thursday, with the first payment on 10/08/2023 and continuing until 13/06/2024.
- 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 78 Pasture Way, Papamoa Beach, Tauranga 3118 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 which was conducted via teleconference.
- The landlord has applied for termination of the tenancy and payment of rent arrears. The tenant wants to repay the debt to avoid immediate termination. Rent Arrears
- The landlord has provided updated rent records that show the amount owing as at today’s date. That amount is $5,714.29.
- A further rent payment was due today which will take the total amount owing up to next week (9 August 2023) to $6,400.00, and I accordingly make an order for that amount.
- The amount ordered is proved.
Should a conditional termination order be made?
- The rent was at least 21 days in arrears on the date the application was filed.
- That being the case, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986 (“the Act”).).
- In this case, the tenant acknowledged that he had been in arrears due to some personal challenges he has recently faced. I do not propose to record those reasons in this decision because they are of a sensitive personal nature.
- In any event, the tenant understands that the situation is dire and that some form of termination must be ordered today given the amount of arrears that are owing. I have emphasised that the last thing he needs is to lose his home on top of the other stressors in his life currently and therefore this matter must be a priority.
- The tenant said that he had attempted to get some help from the Ministry of Social Development last month but that had been declined given his income assessment for the previous 12 months was assessed as being too high.
- However, he indicated that there was assistance through another avenue which I understand is known as the “Housing Support Product” and that he will be eligible for a $2,000.00 maximum payment from that scheme.
- He also said that he is returning to work full time as of Monday, which will bolster his income.
- So, the tenant should be able to pay a $2,000.00 lump sum within the month and from next week the tenant will be in a position to pay an additional $100.00 per week on top of rent until the debt is cleared.
- For these reasons, 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) of the Act.
- Because Behome Realty Limited as agent for Trams Trust has wholly succeeded with the claim I must reimburse the filing fee. J R Smith 03 August 2023