Published tribunal order
Tenancy Tribunal case 4601669 — Rent arrears at 40 Leeds Street, Milson, Palmerston North 4414
Decided 18 Jul 2023 · Published 18 Jul 2023 · Application 4601669
Landlord favoured
- Rent arrears
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Carissa Ruruka owes David Russ As Agent For Tekoa Trust $980.44 (“the debt”), being rent arrears of $960.00 to 25 July 2023 and the application filing fee of $20.44..
- Carissa Ruruka must pay rent and the debt as follows: a. By 9 fortnightly payments of $1,220.00, being $1,120.00 for rent and $100.00 for the debt. b. A final payment of $1,200.44, being $1,120.00 for rent and $80.44 for the debt. c. Payments will be every other Wednesday, with the first payment on 26/07/2023 and continuing until 29/11/2023.
- 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 40 Leeds Street, Milson, Palmerston North 4414 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. David Russ represented the landlord. Two calls to the tenant went unanswered and to voicemail. After the first call, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. 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 landlord wants to provide the tenant an opportunity 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. Application filing fee
- Because David Russ As Agent For Tekoa Trust has wholly succeeded with the claim I must reimburse the filing fee.