Published tribunal order
Tenancy Tribunal case 5224795 — Rent arrears at 487 Gloucester Street, Linwood, Christchurch 8011
Decided 15 May 2025 · Published 15 May 2025 · Application 5224795
Landlord favoured
- Rent arrears
Order
- Cindy Gillett and Sarah Kelly owe Layton Holdings Limited T/A Quinovic Properties Merivale as agent for DC Residential Investments Ltd $3,798.42 (“the debt”), calculated as shown in the table below.
- Cindy Gillett and Sarah Kelly must pay rent and the debt as follows: a. By 75 weekly payments of $1,050.00, being $1,000.00 for rent and $50.00 for the debt. b. A final payment of $1,048.42, being $1,000.00 for rent and $48.42 for the debt. c. Payments will be every Wednesday, with the first payment on 21/05/2025 and continuing until 28/10/2026.
- Payments will be allocated in the following order: rent, and then the debt instalment.
- If the tenants fail to pay rent or the debt instalments within two working days of the due dates: a. The tenancy at 487 Gloucester Street, Linwood, Christchurch 8011 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be due immediately. DescriptionLandlord Rent arrears to the end of 14 May 2025$2,914.28 Filing fee reimbursement$27.00 Rent due for 15 to 20 May 2025$857.14 Total amount tenants owe the landlord$3,798.42
Reasons
- The hearing was conducted remotely on Microsoft Teams by telephone.
- Natasha Taylor attended the hearing for the landlord.
- The tenants attended for themselves.
- The landlord has applied for termination of the tenancy, rent arrears, and release of the bond. The tenants want to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- 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. 1
- The tenants breached their obligations by failing to pay rent that was due. On 5 March 2025, the landlord served a 14-day notice on the tenants, but the tenants did not pay the overdue rent within the required period.
- It would not be inequitable to refuse to terminate the tenancy immediately. However, it would be inequitable not to grant a conditional termination order. The effect of the order is that the tenants must pay rent on time and $50.00 per week for the rent arrears. If they do not, the tenancy will automatically terminate, and the landlord will be entitled to possession of the premises.
- For convenience, I include the rent due to next Wednesday and the filing fee in the debt. Other matters
- The tenants must reimburse the landlord for the filing fee. 1 See section 56(1) of the Residential Tenancies Act 1986 (RTA).
- The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order is enforceable for 90 days from the first breach. 2