Published tribunal order
Tenancy Tribunal case 4789797 — Rent arrears at 8 Margaret Street, Levin, Levin 5510
Decided 14 Mar 2024 · Published 14 Mar 2024 · Application 4789797
Mixed / unclear
- Rent arrears
Order
- Benjamin Jarden owes P & K Mckenzie Limited as agent for Jareb Beale $4,849.01 (“the debt”) in rent arrears and for the filing fee.
- Benjamin Jarden must pay rent and the debt as follows: a. By immediately paying the landlord $2,500.00. b. And then, by 23 weekly payments of $600.00, being $500.00 for rent and $100.00 for the debt. c. A final payment of $549.01, being $500.00 for rent and $49.01 for the debt. d. Payments will be every Thursday, with the first payment on 21/03/2024 and continuing until 29/08/2024.
- Payments will be allocated in the following order: rent, and then the debt.
- If the tenant fails to pay rent or the debt instalment within 2 working days of the due dates: a. The tenancy at 8 Margaret Street, Levin, Levin 5510 will terminate and the landlord will be entitled to immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The hearing was conducted on Microsoft Teams. Paul McKenzie attended the hearing for the landlord by video. The tenant attended by telephone.
- The landlord applied for termination of the tenancy and rent arrears. Today the landlord was agreeable to a conditional termination order contingent on the tenant paying weekly rent and the debt by weekly instalments. The tenant wants to repay the debt to avoid immediate termination.
- Because the parties have agreed to a conditional termination order on the terms set out above, the Tribunal orders accordingly.
- 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 s 64(4)(b) of the Residential Tenancies Act 1986.
- The tenant must pay the landlord’s filing fee.