Published tribunal order
Tenancy Tribunal case 4601930 — Rent arrears at 18 Top Road, Dairy Flat, RD 2, Dairy Flat 0792
Decided 19 Jul 2023 · Published 19 Jul 2023 · Application 4601930
Mixed / unclear
- 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.
- Leon James Sparkes and Annabel Rankin owes Victor Barney Cornaga and Lois Winch $19,750.00 (“the debt”), being rent arrears.
- Leon James Sparkes and Annabel Rankin must pay rent and the debt by making weekly payments of $580.00, being $480.00 for rent and $100.00 for the debt. Payments will be every Wednesday, with the first payment on 26/07/2023 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 18 Top Road, Dairy Flat, RD 2, Dairy Flat 0792 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing, conducted via teleconference. Ms Kim Stanfield represented Lois Winch. All others were present.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants 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.
- This has been a difficult tenancy with a number of previous orders against the tenant for rent arrears and termination. The landlord is willing to give the tenants a final chance to pay rent as due and make time payments towards the significant rent arrears as they have promised. 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.