Published tribunal order
Tenancy Tribunal case 4720569 — Tenancy dispute at 21 Parenga Street, Wainuiomata, Lower Hutt 5014
Decided 9 Jan 2024 · Published 9 Jan 2024 · Application 4720569
Landlord favoured
- Filing Fee
Order
- Cory Ball owes Kemeys Brothers Management Limited (as agent for South Head Capital Ltd) $2,420.44 (“the debt”), comprised of the bond of $2,400.00 and the filing fee for this application $20.44.
- Cory Ball must the debt by making payments of $200.00 per fortnight in addition to the usual rent.
- The first payment of $200.00 is due on Thursday 17 th January 2024. Payments of $200.00 will continue every other Thursday after that until the debit is paid in full.
- If the tenant fails to make the bond payments detailed above within 2 working days of the due dates: a. The tenancy at 21 Parenga Street, Wainuiomata, Lower Hutt 5014 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
- The tenancy began on 15 September 2023.
- The tenancy agreement states that the tenant is required to pay a bond of $2,400.00.
- The tenant has failed to pay the bond.
- The parties attended a Tenancy Services mediation but were not able to reach a concluded agreement.
- The application was referred to the Tenancy Tribunal, and the landlord amended the application to include termination.
- The hearing took place by phone on 9 January 2024. Mr Neary represented the landlord at the hearing. I was unable to contact Mr Ball on either of the two mobile phone numbers provided in the application. Both calls went to voicemail. The hearing proceeded in Mr Ball’s absence.
- Mr Neary stated that the rent is up to date and the tenant keeps the property in a tidy condition.
- The only issue is payment of the bond.
- At the mediation, he proposed that Mr Ball begins paying the bond at $100.00 per week. I understand that Mr Ball’s partner was anticipating receiving the bond from a previous tenancy but then discovered that her landlord had not lodged that bond with the Bond Centre.
- I am satisfied that there are grounds for termination of the tenancy in that 1 : a. The tenant has breached the terms of the tenancy agreement by not paying the bond at the start of the tenancy. b. The breach is capable of being remedied. c. The landlord has given the tenant notice of the breach and has given a reasonable period of time (not less than 14-days) to remedy the breach. d. The breach was not remedied within the notice period. e. The nature and extent of the breach is such that it would be inequitable to refuse the request for termination. 1 Section 56, Residential Tenancies Act 1986 (“RTA”)
- In the circumstances it is appropriate to make a conditional termination order. Mr Neary does not want to terminate the tenancy if it can be avoided, but the bond needs to be paid.
- The Tribunal may make any of its order subject to such conditions as it sees fit 2
- The rent is paid fortnightly, and the next payment is due on Thursday 17 January 2024.
- Mr Ball is to start paying the bond by instalments. The first such instalment is due on 17 January 2024. The amount to be paid is $200.00. The instalments will continue until the bond is paid in full.
- This is a conditional termination order. If the minimum instalment payments are not made, then the landlord can terminate the tenancy using this order.
- This order does not prevent Mr Ball from paying the bond in a lump sum if he is able to.
- The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.
- It is noted that any bond payment that the tenant makes must be lodged with the Bond Centre within 23-working days of receipt 3 .