Published tribunal order
Tenancy Tribunal case 4584370 — Rent arrears at 105 Heath Street, Saint Andrews, Hamilton 3200
Decided 25 Jul 2023 · Published 25 Jul 2023 · Application 4584370
Landlord favoured
- Rent arrears
- 14-day notice
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Tamara Jane Kerapa owes Quality Rental Management Limited As Agent For Dharmesh & Amita Patel $840.44 (“the debt”) being rent due today of $410.00, rent arrears of $410.00, and the application filing fee of $20.44.
- Tamara Jane Kerapa must pay rent and the debt as follows: a. By paying current rent of $410.00 today, 25 July 2023 as expected. b. Thereafter, by weekly payments of $430.00, being $410.00 for rent and $20.00 for the balance of the debt ($430.44), commencing Tuesday 1 August 2023 and continuing until the debt is paid.
- 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 105 Heath Street, Saint Andrews, Hamilton 3200 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 landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. I was satisfied adequate service had completed and I continued with the hearing after the second call 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.
- This matter was first called 12 July 2023 but adjourned by that adjudicator after the teleconference could not form.
- An updated rent summary was provided. Essentially, there remains one week of rent ($410.00) that remains in persistent arrears and needs to be paid.
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 her obligations by not paying rent as due. On 4 May 2023 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 as there are still rent arrears, albeit significantly reduced.
- 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. Weekly rent is now being paid on time. 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. Application filing fee
- Because Quality Rental Management Limited As Agent For Dharmesh & Amita Patel has wholly succeeded with the claim I must reimburse the filing fee.