Published tribunal order
Tenancy Tribunal case 4563693 — Rent arrears at Unit/Flat 2, 483 Wairakei Road, Burnside, Christchurch
Decided 30 Aug 2023 · Published 30 Aug 2023 · Application 4563693
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
- Danielle Courtney and Raymond Tavinor owes [The landlord/s] $1,512.94 (“the debt”), being rent arrears of $1492.50 and the filing fee of $20.44.
- Danielle Courtney and Raymond Tavinor must pay rent and the debt as follows: a. By payments of , being current rent. Payments will be , with the first payment on and continuing every Sunday thereafter until . b. A final payment of , being for the debt, paid in full no later than Friday 15 September 2023.
- 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 2, 483 Wairakei Road, Burnside, Christchurch 8053 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. Ms Courtney represented both tenants after the call to Mr Tavinor went unanswered.
- 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?
- 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 their obligations by not paying rent as due. On 27 February 2023 the landlord served a 14-day notice on the tenant regarding this but the breach was not remedied within the required period. A further notice was served on 20 March 2023, again not remedied. It would be inequitable to refuse to terminate the tenancy.
- Rent arrears still exist, totalling $1,492.50. This total was mutually agreed. Current rent has been paid as due more recently.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence 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. Filing fee
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
- Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- The landlord applied for suppression and as it has been wholly successful with the application suppression is ordered.