Published tribunal order
Tenancy Tribunal case 5128499 — Rent arrears at Unit/Flat Flat 12, 10 Faraday Street, Hospital Hill, Napier
Decided 19 Feb 2025 · Published 19 Feb 2025 · Application 5128499
Landlord favoured
- Rent arrears
Order
- The Tenant owes the Landlord $1,767 – being $1,740 for rent arrears and $27 for the filing fee for this application. (“the debt”).
- The Tenant must pay rent and the debt as follows: a. By 57 weekly repayments of $555 – being $525 for rent and $30 for the debt; and b. A final payment of $552, being $525 for rent and $27 for the debt. c. Payments will be every Thursday, with the first payment on 27/02/2025 and continuing until 09/04/2026 or such earlier time as the debt has been repaid in full.
- Payments will be allocated in the following order: rent, rent arrears and then the filing fee.
- From the date of this order, if the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat Flat 12, 10 Faraday Street, Hospital Hill, Napier 4110 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. However, the Landlord is also prepared to allow the Tenant to remain in the premises if a suitable arrangement for repaying the debt can be reached. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- The rent was in arrears by more than 21 days when the application was filed. 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 Landlord consents to that order.
- This 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.