Published tribunal order
Tenancy Tribunal case 4802917 — Rent arrears at 49 Te Takinga Street, Turangi, Turangi 3334
Decided 21 Mar 2024 · Published 21 Mar 2024 · Application 4802917
Landlord favoured
- Rent arrears
Order
- Marsha Kuru owes Susan Brosnahan and Brendon Brosnahan $3,481.15 (“the debt”).
- Marsha Kuru must pay rent and the debt as follows: a. By a payment of rent of $425.00 on 22 March 2024. b. By 13 weekly payments of $675.00, being $425.00 for rent and $250.00 for the debt. c. A final payment of $656.15, being $425.00 for rent and $231.15 for the debt. d. The payments referred to in subparagraphs b. and c. will be every Friday, with the first payment on 29/03/2024 and continuing until 28/06/2024.
- Payments will be allocated in the following order: rent, the debt.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 49 Te Takinga Street, Turangi, Turangi 3334 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The hearing was conducted on Microsoft Teams by telephone.
- Susan Brosnahan attended the hearing for the landlords. The tenant attended for herself.
- The landlords originally applied for termination of the tenancy, rent arrears, reimbursement of the filing fee, and payment over of the bond. However, Ms Brosnahan amended the original application from immediate termination to conditional termination order contingent on the tenant paying her weekly rent and regular debt instalments to clear the debt. The tenant wants to repay the debt and avoid immediate termination.
- An order is made in the terms the tenant offered and Ms Brosnahan accepted.
- 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 pursuant to s 64(4)(b) of the Residential Tenancies Act 1986.
- The tenant must reimburse the landlords for the cost of the filing fee.