Published tribunal order
Tenancy Tribunal case 4725970 — Rent arrears at Unit/Flat 214, 19 Charles Street, Papatoetoe, Auckland
Decided 20 Dec 2023 · Published 20 Dec 2023 · Application 4725970
Landlord favoured
- Rent arrears
Order
- Trudy Cooper owes Crockers Property Management Limited As Agent For Cimbor Investments Ltd $780.44 (“the debt”), being $760.00 rent arrears and $20.44 filing application fee.
- Trudy Cooper must pay rent and the debt as follows: a. By paying current rent of $380.00 on Thursday 21 December 2023, then b. by weekly payments of $430.00, being $380.00 for rent and $50.00 for the debt, commencing Thursday 28 December 2023 and continuing every Thursday thereafter 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 Unit/Flat 214, 19 Charles Street, Papatoetoe, Auckland 2025 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, conducted via teleconference.
- 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?
- 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 due. On 26 October 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. 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. 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. Application filing fee
- Because Crockers Property Management Limited As Agent For Cimbor Investments Ltd has wholly succeeded with the claim I must reimburse the filing fee.