Published tribunal order
Tenancy Tribunal case 5011513 — Rent arrears at 19 Maude Street, Waimate, Waimate 7924
Decided 20 Dec 2024 · Published 20 Dec 2024 · Application 5011513
Landlord favoured
- Rent arrears
Order
- Janine Codlin owes Samantha Faulks and Christopher Nolan $987.00 (“the debt”), being rent arrears of $960.00 and the filing fee of $27.00.
- Janine Codlin must pay rent and the debt as follows: a. By 19 weekly payments of $570.00, being $520.00 for rent and $50.00 for the debt. b. A final payment of $557.00, being $520.00 for rent and $37.00 for the debt. c. Payments will be every Monday, with the first payment on 23/12/2024 and continuing until 05/05/2025 or until the debt is paid.
- 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 19 Maude Street, Waimate, Waimate 7924 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 teleconference. This was a continuation hearing.
- 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?
- 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 rent and rent arrears. On 19 August 2024 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.
- 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.
- It is intended Michael Kelly be joined as a second tenant. This will be confirmed in writing between the parties. Filing fee
- Because Samantha Faulks and Christopher Nolan have wholly succeeded with the claim I must reimburse the filing fee.