Published tribunal order
Tenancy Tribunal case 4756721 — Rent arrears at 14 Fenwick Crescent, Hillcrest, Hamilton 3216
Decided 23 Jan 2024 · Published 23 Jan 2024 · Application 4756721
Landlord favoured
- Rent arrears
Order
- Liana Tahu owes Bottle Stop Rentals Limited $2,690.44 (“the debt”), being rent arrears of $2,670 and the filing fee of $20.44.
- Liana Tahu must pay rent and the debt as follows: a. By weekly payments of $535.00 for rent. Payments will be every Wednesday, with the first payment due tomorrow, 24 January 2024 and continuing every Wednesday thereafter until the debt is paid. b. A final payment of $2,690.44, being the debt, to be paid no later than Friday 2 February 2024.
- 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 14 Fenwick Crescent, Hillcrest, Hamilton 3216 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?
- Where rent is at least 21 days in arrears on the date the application was heard, after an application for termination made under s 56 the Tribunal must make either a final or a conditional termination order. See section 55(1)(a), 56(2) 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.
- To avoid future problems the tenant will request an agency redirection payment for rent to be paid to the landlord directly.
- 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.
- Because Bottle Stop Rentals Limited has wholly succeeded with the claim I must reimburse the filing fee.