Published tribunal order
Tenancy Tribunal case 4787237 — Rent arrears at 110A Wairakei Road, Bryndwr, Christchurch 8052
Decided 5 Mar 2024 · Published 5 Mar 2024 · Application 4787237
Landlord favoured
- Rent arrears
Order
- Runzhi Chen owes Layton Holdings Limited and The Stevenson Family Trust $1,780.44 being rent for the period ending 7 March 2024 ($1,760.00) and the Tribunal application fee (“the debt”).
- Runzhi Chen must pay the debt in full on or before Friday 8 March 2024. This payment is in addition to normal weekly rent of $880.00. The next payment of normal rent is also due on Friday 8 March 2024.
- Any payments made will first be credited to the normal weekly rent, then to the rent arrears, and then to the Tribunal application fee.
- Failure to pay to pay the normal weekly rent ($880.00) and the rent arrears ($1,760.00) as set out in order 2 will result in immediate termination of the tenancy with possession returning to the landlord and all monies still owing will be payable immediately.
- If the tenant fails to pay the filing fee ($20.44) within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Ms Dun attended the hearing for the landlord. The tenant did not attend.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
- 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: section 56(1) Residential Tenancies Act 1986.
- 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.
- The tenant has breached his obligations by not paying rent when due.
- The landlord served a 14-day notice on the tenant on 4 January 2024 and the tenant did not remedy the breach within the required period.
- I find, by a fine margin, that it would be inequitable to refuse to terminate the tenancy. The tenant has been in arrears with rent since late December 2023 and before that had frequently been two or three days late paying the weekly rent, although he was also at times in credit with rent. The tenant had paid the arrears in full by early February 2024 but then fell into arrears again. In addition, the tenant also did not attend today’s hearing or provide any explanation for the rent arrears.
- However, while I consider it would be inequitable to refuse to terminate the tenancy, I consider it reasonable to give the tenant the opportunity to pay the arrears in full and pay current rent on time to avoid his tenancy ending. I therefore make a conditional order as set out in orders 2 to 5 above: 78(3) Residential Tenancies Act 1986.