Published tribunal order
Tenancy Tribunal case 4794937 — Rent arrears at 9A Willow Avenue, Hannahs Bay, Rotorua 3010
Decided 1 Mar 2024 · Published 1 Mar 2024 · Application 4794937
Landlord favoured
- Rent arrears
Order
- Kiniviliame Lagilagi Voreyalewa Namoumou owes Amtos Realty Services Limited As Agent For Evelyn Chen $510.44 (“the debt”), being rent arrears of $490.00 as at Tuesday 5 March 2024 and the application filing fee of $20.44.
- Kiniviliame Lagilagi Voreyalewa Namoumou must pay rent and the debt as follows: a. By 25 weekly payments of $560.00, being $540.00 for rent and $20.00 for the debt. b. A final payment of $550.44, being $540.00 for rent and $10.44 for the debt. c. Payments will be every Wednesday, with the first payment on 06/03/2024 and continuing until 28/08/2024.
- 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 9A Willow Avenue, Hannahs Bay, Rotorua 3010 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 by 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 filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) 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.
- The rent arrears grew after a workplace injury. It has since come down equally as fast and it is hoped the conditional terms are met and the tenancy can continue. The tenants may pay the rent arrears off quicker if they desire.
- 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 Amtos Realty Services Limited As Agent For Evelyn Chen has wholly succeeded with the claim I must reimburse the filing fee.