Published tribunal order
Tenancy Tribunal case 4700730 — Rent arrears at 27 Awamutu Grove, Waiwhetu, Lower Hutt 5010
Decided 25 Jan 2024 · Published 25 Jan 2024 · Application 4700730
Landlord favoured
- Rent arrears
Order
- Darrian Marie Rose Canwell-Sutherland and Paul David Roberts owes LPM Property Management Limited As Agent For Tina Whalen $7,800.44 (“the debt”) being rent arrears of $7,780.00 for the rent period ending Friday 2 February 2024 plus $20.44 being the filing fee on this application .
- Darrian Marie Rose Canwell-Sutherland and Paul David Roberts must pay rent and the debt as follows: a. By a lump sum payment of $3,890.00 for the debt by Thursday 1 February 2024; b. By weekly payments of $760.00, being $660.00 for rent and $100.00 for the debt; c. Payments will be every Saturday, with the first payment on Saturday 3 February 2024 and continuing every Saturday thereafter until the debt is 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 27 Awamutu Grove, Waiwhetu, Lower Hutt 5010 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, 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?
- 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.
- 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 with the consent of the landlord.
- 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.