Published tribunal order
Tenancy Tribunal case 4720510 — Rent arrears at 9B Park Road, Kaikohe, Kaikohe 0405
Decided 18 Dec 2023 · Published 18 Dec 2023 · Application 4720510
Mixed / unclear
- Rent arrears
Order
- George Baker owes Mid North Real Estate Limited - as agent for Dalgarno Investments Ltd $340.44 (“the debt”) comprising $320.00 for rent arrears and the filing fee of $20.44.
- George Baker must pay rent and the debt as follows: a. By weekly payments of $380.00, being $360.00 for rent and $20.00 for the debt 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 9B Park Road, Kaikohe, Kaikohe 0405 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.
- The tenant has cleared most of his rent arrears. The amount still owing is mostly for rent in advance. The tenancy agreement requires rent to be paid 1 week in advance.
- 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.
- 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.
- The tenant must pay the landlord’s Tribunal filing fee of $20.44.