Published tribunal order
Tenancy Tribunal case 4785818 — Rent arrears at 195 Ngamotu Road, Spotswood, New Plymouth 4310
Decided 4 Mar 2024 · Published 4 Mar 2024 · Application 4785818
Landlord favoured
- Rent arrears
Order
- Koro Kingi and Priscilla Watson owe Taranaki Real Estate Property Management Limited $3,349.01 (“the debt”) being $3,328.57 for rent arrears and $20.44 for the filing fee.
- Koro Kingi and Priscilla Watson must pay the current rent and the arrears as follows: a. By payments of $800.00 per week, being $600.00 for the current rent and $200.00 for the arrears. b. Payments must be made weekly before 5pm on every Thursday, with the first payment due before 5pm on Thursday 7 March 2024, until the arrears are paid.
- Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
- If the tenants fail to pay the current rent and rent arrears within 2 working days of the due dates: a. The tenancy at 195 Ngamotu Road, Spotswood, New Plymouth 4310 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The filing fee is payable immediately.
Reasons
- Both parties attended the hearing by telephone today.
- 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 (section 55(1)(a) and (1A) of the 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.
- 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.