Published tribunal order
Tenancy Tribunal case 5059409 — Rent arrears at Unit/Flat 5, 46 Peachgrove Road, Hamilton East, Hamilton
Decided 27 Nov 2024 · Published 27 Nov 2024 · Application 5059409
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Ashley Chappell and Ramaroa Ruka-Selwyn owes Premier Rental Management Limited As Agent For Peachgrove Management Limited $2,591.28 (“the debt”) being rent arrears of $2,104.28 to 27 November 2024, the rent due this Friday 29 November 2024 of $460.00, and reimbursement of the filing fee of $27.00.
- Ashley Chappell and Ramaroa Ruka-Selwyn must pay the debt in one lump sum no later than 5 pm Thursday 5 December 2024.
- If the tenant fails to pay the debt by that date and time: a. The tenancy at Unit/Flat 5, 46 Peachgrove Road, Hamilton East, Hamilton 3216 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
- The landlord attended the hearing by telephone.
- Both tenants were telephoned twice. One tenant did not answer and messages were left on the other tenant’s telephone.
- An email was received from one of the tenants advising that she had just had a baby. No evidence was supplied. No reason was given as to why the other tenant could not attend the hearing. It was not necessary for both tenants to attend.
- The adjournment was not granted.
- The tenant has: a. Persisted in rent arrears for nearly four months. b. Not disputed the debt. c. Failed to honour the payments agreed to in a mediated order of the Tribunal. d. Failed to reduce the rent arrears owing at the date of the landlord filing its application. e. Allowed the rent arrears to increase by over $1,200.00 since that date.
- The landlord’s rent records show that the amount of rent arrears at the date of the hearing is $2,104.28 This means that the tenant is 32 days in arrears. The landlord is therefore entitled to an order terminating the tenancy immediately.
- The landlord advised that because the tenant had failed to honour the mediated agreement and continued to allow the rent arrears to increase by not making the weekly payments due, it sought termination.
- However, given the present situation of the tenant, the landlord agreed to the Tribunal making a conditional termination order allowing the tenant time to clear the arrears and make payment of the rent payment due this Friday 29 November 2024. See section 55(1)(a) and (1A) 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 may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Filing fee
- Because Premier Rental Management Limited As Agent For Peachgrove Management Limited has wholly succeeded with the claim I must reimburse the filing fee.