Published tribunal order
Tenancy Tribunal case 4633532 — Rent arrears at Unit/Flat 5A, 11 Ingram Street, Papakura, Papakura 2110
Decided 6 Sept 2023 · Published 6 Sept 2023 · Application 4633532
Mixed / unclear
- 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.
- Pesa Aumua owes Lodge City Rentals Limited as agent for Bentley Studios Ltd $1,093.30 (“the debt”) comprising rent arrears of $1,072.86 to 6 September 2023 and the filing fee of $20.44.
- Pesa Aumua must pay rent and the debt as follows: a. By weekly payments of $480.00, being $370.00 for rent and $110.00 for the debt. b. Payments will be every Tuesday, with the first payment on 12 September 2023 and continuing until the debt has been paid in full .
- 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 5A, 11 Ingram Street, Papakura, Papakura 2110 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 I conducted by phone.
- 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?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by failing to pay rent when due. The landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period.
- It would be inequitable to refuse to terminate the tenancy because the rent arrears have increased since the 14-day breach notice was issued and are just short of the 21-day period when the landlord would be automatically entitled to terminate the tenancy.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- I have awarded the landlord the Tribunal filing fee.