Published tribunal order
Tenancy Tribunal case 5121260 — Rent arrears at 2 Cureton Street, Morrinsville, Morrinsville 3300
Decided 11 Feb 2025 · Published 11 Feb 2025 · Application 5121260
Mixed / unclear
- Rent arrears
Order
- Carl William Harris owes Red Bricks Rentals Limited as agent for Morrinsville Rsa $3,115.71, being rent arrears to today, 11 February 2025 (“the debt”).
- Carl William Harris must continue to pay the weekly rent of $370 (next payment due Sunday 16 February 2025) and the debt as follows: a. By one payment of $3115.71 on 14 February 2025 for the debt. b. By ongoing payments of rent, next payment due 16 February 2025.
- If the tenant fails to pay the debt and weekly rent or any part thereof, within 2 working days of the due dates: a. The tenancy at 2 Cureton Street, Morrinsville, Morrinsville 3300 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt and any accrued rent arrears 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.
- 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.
- The tenant has had some business troubles. But he has applied for early release of his kiwi saver and may be in a position to borrow money from his parents.
- I am satisfied after hearing from him that 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.
- Because Red Bricks Rentals Limited as agent for Morrinsville Rsa has substantially succeeded with the claim I have reimbursed the filing fee.
- The landlord does not seek name suppression.