Published tribunal order
Tenancy Tribunal case 5092888 — Rent arrears at 18 Te Puea Avenue, Meremere, Mercer 2474
Decided 16 Dec 2024 · Published 16 Dec 2024 · Application 5092888
Mixed / unclear
- Rent arrears
Order
- Maata Vaioleti owes Barfoot & Thompson Limited - Pukekohe as agent for Raylene and Sonny Kishor $1,786.12 (“the debt”) comprising rent arrears to 18 December 2024 of $1,150.00, water rates of $609.12, and the filing fee of $27.00.
- Maata Vaioleti must pay rent and the debt as follows: a. By 1 fortnightly payment of $1,000.00, being $900.00 for rent and $100.00 for the debt, on 26 December 2024. b. By fortnightly payments of $1,100.00, being $900.00 for rent and $200.00 for the debt. These payments will start on 9 January 2025 and continue every fortnight on a Thursday until the debt is paid in full.
- 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 18 Te Puea Avenue, Meremere, Mercer 2474 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 which I conducted by phone.
- The landlord has applied for termination of the tenancy, rent arrears, water rates and the filing fee. 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.
- The tenant’s rent is $450.00 per week but is paid fortnightly. By agreement the payment arrangement has been set up on a fortnightly basis to reflect that.