Published tribunal order
Tenancy Tribunal case 5082288 — Rent arrears at 1 Michaels Road, Tai Tapu, Tai Tapu 7672
Decided 9 Jan 2025 · Published 9 Jan 2025 · Application 5082288
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Marie Collins owes Carol Westoby and Geoffrer Michael Westoby $7,000.00 (“the debt”) being rent arrears to 9 January 2025.
- Marie Collins must pay rent and the debt as follows: a. Weekly rent of $500.00, every Thursday, with the first payment today 9 January 2025. b. Weekly rent of $500.00 on 16 January 2025. c. Weekly rent of $500.00 on 23 January 2025. d. Weekly rent of $500.00 on 30 January 2025. e. Weekly rent of $500.00 on 6 February 2025. f. $7,000.00 for the debt on 6 February 2025.
- Payments will be allocated in the following order: rent, then rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the above due dates: a. The tenancy at 1 Michaels Road, Tai Tapu, Tai Tapu 7672 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. The tenant seeks repayment terms consisting of weekly payments of $100.00 above the current rent.
- The landlord does not accept the tenant’s repayment terms. The landlord is prepared to allow a month for the tenant to repay the arrears.
- The arrears sought are based on previous concessions reached between the parties in March 2024 plus additional arrears accumulated since then.
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 as set out above.
- 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.