Published tribunal order
Tenancy Tribunal case 4602669 — Rent arrears at 90H Ranolf Street, Victoria, ROTORUA 3010
Decided 13 Sept 2023 · Published 13 Sept 2023 · Application 4602669
Mixed / unclear
- Rent arrears
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Lacrece Binnie Bartlett and John Edward Terei Terere owe Ranolf Trust $2,460.44 (“the debt”) comprising rent arrears to 14 September 2023 of $360.00; the bond of $2,080.00; and the filing fee of $20.44.
- Lacrece Binnie Bartlett and John Edward Terei Terere must pay rent and the debt as follows: a. By a payment of $2,460.44 for the debt by 22 September 2023. b. Payments of normal rent of $520.00 per week the next payment of which is due on 15 September 2023 and continuing until the debt is paid in full.
- 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 90H Ranolf Street, Victoria, ROTORUA 3010 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
- Mr Bhana represented the landlord. The tenants did not attend the hearing. I conducted the hearing by phone. My call to the tenants went to voice mail.
- The landlord has applied for termination of the tenancy, rent arrears and the filing fee. The landlord wants to give the tenants the 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.
- The tenants have not paid their bond, so the amount of the debt includes the bond payment that is due, rent arrears and the filing fee.