Published tribunal order
Tenancy Tribunal case 4691613 — Rent arrears at 19 Holmes Street, Nawton, Hamilton 3200
Decided 7 Nov 2023 · Published 7 Nov 2023 · Application 4691613
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Peter-Boy Reo Winiata Tepania owes Lodge City Rentals Limited As Agent For Gs And Ak Virk $810.44 (“the debt”), being rent arrears of $790.00 and the application filing fee of $20.44.
- Peter-Boy Reo Winiata Tepania must pay rent and the debt as follows: a. By paying $1,060.00 fortnightly rent on Tuesday, 7 November 2023. b. Thereafter by fortnightly payments of $1,210.00, being $1,060.00 for rent and $150.00 for the debt. Payments will commence on Tuesday, 21 November 2023 and continue every other Tuesday, until the debt is paid.
- 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 19 Holmes Street, Nawton, Hamilton 3200 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 per s 55(1)(aa) Residential Tenancies Act 1986, and rent arrears.
- The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- This is a periodic tenancy and on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrears. The landlord has served appropriate written notices in the correct format and within the statutory timeframes. The grounds for termination exist and the Tribunal must make either a final or a conditional termination order
- The rent summary supports the rent arrears and notices as served. However, it also shows payment of current rent and some recent attempt to reduce the rent arrears. Having heard from the tenant and landlord, 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 (per s 78(3) RTA). It was made clear to the tenant the consequences of failing to make current rent or debt payments per this order. He had input in setting the amount of rent arrears repayment.
- 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) RTA.
- Because Lodge City Rentals Limited As Agent For Gs And Ak Virk has wholly succeeded with the claim I must reimburse the filing fee.