Published tribunal order
Tenancy Tribunal case 4603678 — Rent arrears at Unit/Flat 3, 59 Vogel Street, Richmond, Christchurch 8013
Decided 19 Jul 2023 · Published 19 Jul 2023 · Application 4603678
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.
- Kuini Rosemary Bootten owes Rent Wise Property Management Limited $2,263.30 (“the debt”), being rent arrears of $2,242.86 to 26 July 2023 and the application filing fee of $20.44.
- Kuini Rosemary Bootten must pay the debt in full no later than 26 July 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 date: a. The tenancy at Unit/Flat 3, 59 Vogel Street, Richmond, Christchurch 8013 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. The call to the tenant went to voicemail. The parties had a discussion before the hearing on how a conditional order might form.
- 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?
- 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.
- The landlord provided an updated rent summary prior to the hearing.
- I am satisfied the tenant and landlord have discussed how the tenant will pay the debt within the period specified in the order. She 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 Rent Wise Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.