Published tribunal order
Tenancy Tribunal case 4620332 — Rent arrears at 121 Southdown Drive, Martinborough, RD 1, Martinborough
Decided 11 Aug 2023 · Published 11 Aug 2023 · Application 4620332
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.
- Hannah Warrington owes Agile Property Services Limited $4,509.29 rent arrears and $20.44 filing fee.
- Hannah Warrington must pay the rent arrears in full no later than 4pm Friday 18 August 2023.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 121 Southdown Drive, Martinborough, RD 1, Martinborough 5781 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.
- 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, and has been in contact with WINZ and with the landlord.
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.
- The tenant has arranged with WINZ to pay $3053, and had hoped the balance could be paid out of her bond. She has a further appointment with WINZ on Tuesday 15 August. The landlord is agreeable to the tenant remaining in the property if the full debt can be cleared, but not from her bond. The tenant had a paper for the landlord to sign so that in future her rent is directed by WINZ to the landlord.
- The landlord is hopeful that WINZ will pay the full debt and so agrees to a conditional order being made.
- I agree it is likely that on receipt of this order, WINZ will make arrangements with the tenant to pay the landlord. Therefore 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 Agile Property Services Limited has wholly succeeded with the claim I must reimburse the filing fee.