Published tribunal order
Tenancy Tribunal case 4868842 — Rent arrears at Unit/Flat A, 95 Taonui Street, Palmerston North, Palmerston
Decided 19 Jun 2024 · Published 19 Jun 2024 · Application 4868842
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Angela Sexton owes Property Brokers Manawatu Limited on behalf of Mountain Productions Ltd $2,700.44 (“the debt”) being rent arrears of $2,680 to 18 June 2024 and the filing fee on the application of $20.44.
- Angela Sexton must pay rent and the debt as follows: a. By a payment of $580 on Wednesday 19 June 2024, being $480 current rent for the period from 19/6/2024 to 25/6/2024 and $100 for the debt. b. By fortnightly payments of $960.00 for rent with the first payment on Wednesday 26 June 2024 and continuing every other Wednesday thereafter. c. By weekly payments of $100 for the debt with the first payment on Thursday 27 June 2024 and continuing every Thursday thereafter.
- 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 A, 95 Taonui Street, Palmerston North, Palmerston North 4410 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.
- 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 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.