Published tribunal order
Tenancy Tribunal case 4959573 — Rent arrears at 66 Manawatu Street, Hokowhitu, Palmerston North 4410
Decided 27 Aug 2024 · Published 27 Aug 2024 · Application 4959573
Landlord favoured
- Rent arrears
Order
- Amy Lyons owes Victoria Hatton $4,407.00 (“the debt”), being rent arrears to 30 August 2024 of $4,380.00 and the application filing fee of $27.00.
- Amy Lyons must pay rent and the debt as follows: a. By 11 fortnightly payments of $1,780.00, being $1,380.00 for rent and $400.00 for the debt. b. A final payment of $1,387.00, being $1,380.00 for rent and $7.00 for the debt. c. Payments will be every other Saturday, with the first payment on 31/08/2024 and continuing until 01/02/2025.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee. Payments of greater amounts to clear the debt sooner may be made.
- If the tenant fails to pay rent and rent arrears within 3 working days of the due dates: a. The tenancy at 66 Manawatu Street, Hokowhitu, Palmerston North 4410 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 3 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing, conducted via 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?
- 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. A previous attempt to establish a mediated order failed but I note the tenant did not continue with rent payments as due regardless.
- I have made a time payment order. That is an alternative to a set date for all rent arrears. The tenant may still clear the debt sooner as she can or chooses but the time payment as an alternative ensures regular rent payments over time and may equally demonstrate to the landlord that the prior issues are history.
- 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 Victoria Hatton has wholly succeeded with the claim I must reimburse the filing fee.