Published tribunal order
Tenancy Tribunal case 4808697 — Rent arrears at Unit/Flat 2, 94 Neill Street, Hornby, Christchurch 8042
Decided 20 Mar 2024 · Published 20 Mar 2024 · Application 4808697
Landlord favoured
- Rent arrears
Order
- John Daniel Cruden owes Wongeoon Vast Limited $7,250.44 (“the debt”), being rent arrears of $7,230.00 to Friday 22 March 2024 and the application filing fee of $20.44.
- John Daniel Cruden must pay rent and the debt as follows: a. By weekly payments of $520.00 for rent, commencing Saturday 23 March 2024, and then every Saturday thereafter until the debt is paid. b. By three payments as follows: a. $3000.00 to be paid no later than Friday 22 March 2024 towards the debt, then b. $3000.00 to be paid no later than Friday 19 April 2024 towards the debt, then c. a final payment of $1,250.44 to be paid no later than Friday 17 May 2024 for the balance of the debt.
- 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 Unit/Flat 2, 94 Neill Street, Hornby, Christchurch 8042 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 via 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 tenant said he has funds but is currently resolving an issue with his bank that is preventing payment. That needs to be resolved by the tenant as soon as possible for this tenancy to continue.
- 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 Wongeoon Vast Limited has wholly succeeded with the claim I must reimburse the filing fee.