Published tribunal order
Tenancy Tribunal case 4875004 — Rent arrears at 165B Stokes Valley Road, Stokes Valley, Lower Hutt 5019
Decided 27 Jun 2024 · Published 27 Jun 2024 · Application 4875004
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Susan Russell owes Manage My Rentals Limited Agent For Mike Pye And Bronwyn Hussey $1,650.50 being rent arrears calculated to 8 July 2024.
- Susan Russell must pay rent and the debt as follows: a. By 1 payment of $2,325.50 on 8 July 2024, being $675.00 (for current rent to 15 July 2024) and $1,650.50 for the debt; and b. Payment of the current rent of $578.57 on 16 July 2024, for the rent period Tuesday 16 July 2024 to Sunday 21 July 2024.
- Payments will be allocated in the following order: rent, and rent arrears.
- If the tenant fails to pay rent and/or rent arrears within 2 working days of the above due dates: a. The tenancy at 165B Stokes Valley Road, Stokes Valley, Lower Hutt 5019 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the above payments set out at [2] are complied with, the tenancy will terminate on 21 July 2024 and possession returning to the landlord on that date by mutual consent.
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.
- The landlord has agreed to give the tenant a final opportunity to clear the arrears provided a conditional termination order is made by the Tribunal.
Should a conditional termination order be made?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
- I accede to the tenant’s request to repay the debt as set out above.
- The tenant also accepts that she cannot afford the rent for the premises in future given her financial circumstances at present.
- The parties have agreed for the tenancy to end on 21 July 2024 at the latest.