Published tribunal order
Tenancy Tribunal case 5068049 — Rent arrears at 3 Vance Street, Shannon, Shannon 4821
Decided 10 Dec 2024 · Published 10 Dec 2024 · Application 5068049
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Shayne Shirley Mckay owes Rentcare Property Management Limited $1,074.60 (“the debt”) being rent arrears to 11 December 2024.
- Shayne Shirley Mckay must pay rent and the debt as follows: a. By 10 weekly payments of $555.00, being $455.00 for rent and $100.00 for the debt. b. A final payment of $529.60, being $455.00 for rent and $74.60 for the debt. c. Payments will be every Wednesday, with the first payment on 11/12/2024 and continuing until 19/02/2025.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and the debt within 2 working days of the due dates: a. The tenancy at 3 Vance Street, Shannon, Shannon 4821 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the 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?
- 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.
- 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.