Published tribunal order
Tenancy Tribunal case 4885559 — Rent arrears at 35 Evans Road, Glen Eden, Auckland 0602
Decided 18 Jun 2024 · Published 18 Jun 2024 · Application 4885559
Landlord favoured
- Rent arrears
Order
- Douglas Langdon owes Shaiwee Property Management Limited $9,191.73 (“the debt”), made up as follows: DescriptionLandlord Rent arrears to 26 June 2024$5,464.29 Water rates$307.00 replacement bond$3,400.00 Filing fee reimbursement$20.44 Total award$9,191.73 Bond-$3,400.00 Total payable by Tenant to Landlord$5,791.73
- Douglas Langdon must pay rent and the debt as follows: a. Release of the current bond of $3,400.00 to the landlord. b. By 38 weekly payments of $1,000.00, being $850.00 for rent and $150.00 for the debt. c. A final payment of $941.73, being $850.00 for rent and $91.73 for the debt. d. Payments will be every Thursday, with the first payment on 27/06/2024 and continuing until 20/03/2025.
- 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 35 Evans Road, Glen Eden, Auckland 0602 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.
- The Bond Centre is to pay the bond of $3,400.00 (5748038-001) to Shaiwee Property Management Limited immediately.
- The replacement bond will paid to the Bond Centre in accordance with s19 of the Act.
- The rent period for the tenancy is amended to Thursday to Wednesday.
Reasons
- Both parties attended the hearing. The relationship between the parties remains amicable, and this matter was able to be resolved by consent accordingly. Both parties are to be commended for this approach.
- The landlord is suffering financial difficulties as a result of the rent arrears, and needs payment of the bond urgently to help remedy that. The tenant agrees that the bond should be released to the landlord.
- The parties both agree that a bond should be held by the Bond Centre going forward. The parties agree that a new bond will be paid by the tenant in instalments as part of the payment plan for the arrears. The payments will be forwarded to the Bond Centre in accordance with s19 of the Act.
- The parties agree that the rent period for this tenancy should be Thursday- Wednesday, to ensure that the rent is paid in advance, rather than part way through the rent period.
- An adjustment to the rent arrears of an additional $364.29 has been made to move the rent period by three days. That is calculated on a daily rent of $121.43.
- The water rates are agreed.
- 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.
- Because Shaiwee Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.