Published tribunal order
Tenancy Tribunal case 4898761 — Rent arrears at 16 Reins Road, Takanini, Takanini 2112
Decided 18 Jul 2024 · Published 18 Jul 2024 · Application 4898761
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Shandee Lee Taranaki owes Baath Rentals Limited As Agent For Rashid Ahamed Ashraf $750.00 for rent arrears to Monday 22 July 2024 (the debt).
- Shandee Lee Taranaki must pay rent, rent in advance and the debt as follows: a. A payment of $800.00 for rent on Monday 22 July 2024. b. A payment of $1,570.44, being $800.00 for rent and $750.00 for the debt together with $20.44 for the filing fee.
- 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 16 Reins Road, Takanini, Takanini 2112 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
- Ms Sandhu and Ms Koirala attended today’s hearing for the landlord. The tenant did not attend. I telephoned the tenant twice but on both times the call went through to her answerphone. As the tenant has been given notice of today’s hearing and has not requested and adjournment, then I have heard the matter in her absence.
- The landlord has applied for termination of the tenancy, for rent arrears and other breaches of the tenancy agreement.
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 her obligations by failing to pay rent on time and in advance. It is a term of the tenancy agreement that the tenant pays the rent one week in advance. The tenant is not doing that. The tenancy agreement says: Rent shall be paid weekly in advance up to the termination of the tenancy, direct to the bank account of the agent, details set out above. Note, payments to be made on time in a single sum.
- The landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because the tenant has been in breach since March 2024, and has not taken any steps to remedy the breach. I have refused to grant immediate termination by the landlord as requested as I understand that the tenant may be serving a home-based sentence, and I consider it more appropriate to grant a conditional termination which would allow the tenant some time to remedy the breach.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. 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 tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- The landlord also applied for termination because it says that the tenant has been playing music very loudly during the day and night and has been the subject of many noise complaints by her neighbours and other tenants. The Residents Association have fined the landlord for the tenant’s loud noise. Whilst the landlord has given the tenant numerous breach notices for noise, I do not consider it a proportionate response to terminate the tenant’s tenancy for this breach. I do make it clear that this was by the slimmest of margins, and the tenant should be very careful about playing loud music, or engaging in other loud or antisocial behaviour, as it is likely that if there are any further breaches, the landlord will apply for termination and the Tribunal may be more inclined to terminate the tenancy for that reason. The tenant should treat this as a final warning.
- Because Baath Rentals Limited As Agent For Rashid Ahamed Ashraf has substantially succeeded with the claim I have reimbursed the filing fee.