Published tribunal order
Tenancy Tribunal case 5167251 — Rent arrears at 20 Stirling Street, Levin 5510
Decided 28 Mar 2025 · Published 28 Mar 2025 · Application 5167251
Landlord favoured
- Rent arrears
Order
- Peka Saofaivaatele owes Palmerston North PM Limited T/A Quinovic Property Management as Agent for A B Miranda Investments Ltd $577.00 (“the debt”) calculated as shown in the table below.
- Peka Saofaivaatele must pay rent and the debt as follows: a. By paying $590.00 for rent on Tuesday 1 April 2025. b. By paying $550 debt on Thursday 3 April 2025.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 20 Stirling Street, Levin, Levin 5510 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
- The hearing was conducted by telephone. Both parties attended.
- The landlord has applied for termination of the tenancy, rent arrears and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached her obligations by not paying the rent when it was due. On 26 November 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because there has been a lengthy history of late rent payments.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard from the parties, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- Because the landlord has succeeded, I have awarded the filing fee.
- There are three people names as tenants on the tenancy agreement. This order has been made against only one of them because she is the only person who has signed the agreement.