Published tribunal order
Tenancy Tribunal case 4877245 — Rent arrears at 17 Winchester Street, Levin, Levin 5510
Decided 22 May 2024 · Published 22 May 2024 · Application 4877245
Landlord favoured
- Rent arrears
Order
- As at 21 May 2024 Tanimo Itielu and Ioapo Itielu owed Team Group Rentals Limited rent arrears of $1,357.14. At the end of the current rent week the arrears will be $1,520.44 (“the debt”) as follows:
- Tanimo Itielu and Ioapo Itielu must pay rent and the debt as follows: (a) Weekly rent is to be paid by weekly payments of $500.00 each on Tuesday 28 May 2024 and every Tuesday after that (unless the rent is lawfully increased). (b) The debt is to be paid by payments of $500.00 each on Thursday 23 May 2024 and Thursday 6 June 2024 and a payment of $520.44 (for arrears and the filing fee) on Thursday 20 June 2024. (c) Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If, within 3 months from the date of this Order the tenants fail to make any of the weekly rent payments in Order 2(a) within 2 working days of the due date, or if the tenants fail to make any of the payments for the rent arrears debt in Order 2(b) within 2 working days of the due dates: a. The tenancy at 17 Winchester Street, Levin, Levin 5510 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 which was held 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?
- 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.
- The tenant breached their obligations by failing to comply with a 14 day notice to repay rent arrears. On 15 April 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. Because of that and because there has been a history of late rent payments and previous mediated Orders for payment of arears, it would be inequitable to refuse to terminate the tenancy.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants should have what will need to be one final opportunity to repay current arrears and show they can make sure that the weekly rent can consistently be paid when due. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- Because the landlord has succeeded with the claim, I must reimburse the filing fee.