Published tribunal order
Tenancy Tribunal case 4622791 — Rent arrears at Room 2, Unit/Flat 1B, 40 The Terrace, Wellington Central,
Decided 14 Sept 2023 · Published 14 Sept 2023 · Application 4622791
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.
- Ronardo Gafa owes Unilodge New Zealand Limited $3,409.44 (“the debt”) being rent arrears of $3,389.00 owed for the rent period ending 17 September 2023 and the filing fee on the application of $20.44 .
- Ronardo Gafa must pay rent and the debt as follows: a. Payment of $3,409.44 for the debt on or before 12 October 2023; b. Payments of $319.00 for current weekly rent every Monday, with the next payment due on Monday 18 September 2023 and continuing until the debt is repaid.
- 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 Room 2, Unit/Flat 1B, 40 The Terrace, Wellington Central, Wellington 6011 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 landlord attended the hearing by teleconference represented by Ms Pascoe. The Tribunal telephoned the tenant for the hearing at the cell phone number provided in the application three times. All calls diverted to voicemail. I am satisfied that the tenant was served with notice of the hearing and did not attend.
- The landlord has applied for termination of the tenancy, rent arrears and the filing fee on the application. However, the landlord was willing to allow the tenant time to pay off the debt to avoid immediate termination. Unfortunately, the tenant was not at the hearing to discuss a repayment arrangement.
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 landlord seeks a conditional order which I have granted. The order requires the debt to be paid in full by 12 October 2023. I note the landlord’s advice that it would be willing to consider a repayment plan over a longer period of time if the tenant contacts the landlord with a proposal. In the absence of an alternative repayment arrangement being agreed by the parties, the order will remain in force.
- 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.