Published tribunal order
Tenancy Tribunal case 4685949 — Rent arrears at 2A Calluna Crescent, Totara Heights, Auckland 2105
Decided 5 Dec 2023 · Published 5 Dec 2023 · Application 4685949
Landlord favoured
- Rent arrears
Order
- Shiujit Singh owes Barfoot & Thompson Limited As Agent For Sam Henderson And Holly Sharples $1,460.44 (“the debt”) as calculated in the table below.
- Shiujit Singh must pay rent and the debt as follows: a. By making one lump sum payment of $2,180.44 on or before Friday 8 December 2023, being $720.00 for rent due on 9 December 2023 and $1,460.44 for the debt.
- 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 2A Calluna Crescent, Totara Heights, Auckland 2105 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 held by teleconference.
- The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment 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 as and when it fell due. On 13 September 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. Given that the rent record shows a history of the rent not being paid on time it would be inequitable to refuse 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 and so 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.
- Aside from rent and rent arrears, I am also ordering the tenant to reimburse the filing fee to the landlord because Barfoot & Thompson Limited As Agent For Sam Henderson And Holly Sharples has wholly succeeded with the claim. C ter Haar 05 December 2023