Published tribunal order
Tenancy Tribunal case 5129471 — Rent arrears at Unit/Flat 3, 8 Grey Street, Glenholme, Rotorua 3010
Decided 18 Feb 2025 · Published 18 Feb 2025 · Application 5129471
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Roger Norman Taoho owes J C Realty Limited As Agent For Tai & Kim Khau $1,107.00 (“the debt”), being rent arrears of $1080.00 to Friday 21 February 2025 and $27.00 application filing fee.
- Roger Norman Taoho must pay rent and the debt by weekly payments of $500.00, being $460.00 for rent and $40.00 for the debt. The payments will be every Tuesday, with the first payment on Tuesday 25 February 2025 and continuing 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 Unit/Flat 3, 8 Grey Street, Glenholme, Rotorua 3010 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, conducted via teleconference.
- 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.
- The parties accept payment on a Tuesday as that aligns with the tenant income. The rent week starts on a Saturday. Once the debt is cleared, the tenant will ensure rent is paid weekly in advance as required.
- Because J C Realty Limited As Agent For Tai & Kim Khau has wholly succeeded with the claim I must reimburse the filing fee.