Published tribunal order
Tenancy Tribunal case 4941353 — Rent arrears at 42 Grahams Road, Ilam, Christchurch 8041
Decided 3 Sept 2024 · Published 3 Sept 2024 · Application 4941353
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Dorah Todhlana and Gerald Sitotombe must pay Orbit Property Management Limited T/A Harcourts As Agent For Yang Li current rent for the next 4 weeks as follows: a. $560.00 on 6 September 2024; b. $560.00 on 13 September 2024; c. $560.00 on 20 September 2024; d. $560.00 on 27 September 2024
- If the tenant fails to pay the above current rent within 2 working days of the due dates: a. The tenancy at 42 Grahams Road, Ilam, Christchurch 8041 will terminate and the landlord will have immediate possession of the premises. b. The balance of any debt that accrues 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 (if any) 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 has on many occasions breached their obligations by failing to pay rent when it falls due and in advance. The rent payments for the past 2 and half years have been erratic, in arears for a number of weeks before it is in credit and the cycle repeats itself.
- The landlord served 14-day notices on the tenant but the breach was not remedied within the required periods.
- However the rent is now up to date and paid in advance until 5 September 2024 with the next weekly rent of $560.00 payable from Friday 6 September 2024 and continuing every Friday thereafter.
- I do not consider that it would be inequitable to refuse to terminate the tenancy in the circumstances.
- Having heard from the tenant, I am satisfied the tenant will pay current rents within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination for the next 4 weeks’ payments of current rent. 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.
- For the avoidance of doubt, the tenant must continue paying weekly rent in advance every Friday. If it suits the tenant (and WINZ) to pay a few days ahead of the required dates of payment, the tenant can pay (as mentioned by the tenant during the hearing) ahead of the due dates of payment. However, the weekly rents must be paid on or before each Friday from 6 September 2024 onwards without fail.
- I am satisfied that the landlord’s rental summary adduced today (and forwarded to the tenant) accurately reflects the erratic payments in the past. It is hoped that the tenant will now start on a new and clean slate from this Friday onwards, as promised.