Published tribunal order
Tenancy Tribunal case 4973994 — Rent arrears at 11 Richmond Street, Maraenui, Napier 4110
Decided 24 Sept 2024 · Published 24 Sept 2024 · Application 4973994
Landlord favoured
- Rent arrears
Order
- Leisha Amomai Bowring owes Oxygen Limited $612.00 (“the debt”), being rent arrears of $585.00 to Wednesday 25 September 2024, and $20.44 for the application filing fee.
- Leisha Amomai Bowring must pay rent and the debt as follows: a. By paying current rent of $525.00 every Thursday, commencing Thursday 26 September 2024 and every Thursday thereafter. b. By additional fortnightly payments of $20.00 for the debt. The first payment is due Thursday 3 October 2024 and then every second Thursday thereafter until the debt is paid.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee. The tenant may pay off the debt sooner as able.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 11 Richmond Street, Maraenui, Napier 4110 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, conducted via video/tele conference.
- 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. The rent arrears have reduced significantly since the application was lodged.
- 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. Application filing fee
- Because Oxygen Limited has wholly succeeded with the claim I must reimburse the filing fee.