Published tribunal order
Tenancy Tribunal case 4974036 — Rent arrears at Unit/Flat 3, 59 Napier Road, Havelock North, Hastings 4130
Decided 4 Oct 2024 · Published 4 Oct 2024 · Application 4974036
Landlord favoured
- Rent arrears
Order
- Les Walsh owes Shhb Reed Limited T/A Pukeko Rental Managers As Agent For Christine And William Sheppard $3,474.14 (“the debt”).
- Les Walsh must pay rent and the debt as follows: a. By weekly payments of $650.00, being $500.00 for rent and $150.00 for the debt. b. Payments will be every Monday, with the first payment on 07/10/2024 and continuing until the arrears are paid in full.
- Payments will be allocated in the following order: rent, rent arrears, the bond 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 Unit/Flat 3, 59 Napier Road, Havelock North, Hastings 4130 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 bond and the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears, payment of the bond and refund of the bond. The tenant wants to repay the debt 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 breached their obligations by failing to pay the rent and bond. The landlord have served four 14-day notices on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because of the nature and extent of 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.
- Because Shhb Reed Limited T/A Pukeko Rental Managers As Agent For Christine And William Sheppard has wholly succeeded with the claim I must reimburse the filing fee.