Published tribunal order
Tenancy Tribunal case 4663811 — Rent arrears at 8 Westcott Street, Dallington, Christchurch 8061
Decided 27 Mar 2024 · Published 27 Mar 2024 · Application 4663811
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Andrew Hamish McDonald Leggett owes Quintessential Property Management Limited T/As Quinovic Riccarton As Agent For Shona Langdale $520.00 (“the debt”) being rent arrears to 26 March 2023.
- Andrew Hamish McDonald Leggett must pay rent and the debt as follows: a. By 10 weekly payments of $570.00, being $520.00 for rent and $50.00 for the debt. b. A final payment of $540.00, being $520.00 for rent and $20.00 for the debt. c. Payments will be on or before every Thursday, with the first payment on 28/03/2024 and continuing until 06/06/2024.
- Payments will be allocated in the following order: current rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 8 Westcott Street, Dallington, Christchurch 8061 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt 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.
- The hearing today was a rehearing of an application made by the landlord in August 2023.
- A previous order was set aside because of issues around attempted enforcement by the landlord. So, I am considering an old application today, but in light of circumstances which have occurred since August 2023.
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 it falls due. On 11 August 2023, the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period.
- The tenant did comply with an agreed payment plan and the rent was brought up to date. However, the tenant almost immediately fell back into arrears. For that reason, I find that it would be inequitable to refuse to terminate the tenancy. There is a history of arrears at varying levels. Payment of rent needs to be a priority. The tenant should consider this to be his final warning in relation to rent arrears.
- Having heard the evidence and the taking into account the issue with attempted enforcement of a previous order, I have granted a conditional termination order. See sections 78(3) and 85 Residential Tenancies Act 1986.
- I have also granted the conditional termination order because the tenant advised that he would approach his employer and ask for rent payments to be made directly from his wages to the landlord. He is hopeful that arrangement could start next week if the employer agrees.
- 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.