Published tribunal order
Tenancy Tribunal case 4608694 — Rent arrears at 9 Kebbell Avenue, Levin 5510
Decided 19 Sept 2023 · Published 19 Sept 2023 · Application 4608694
- Rent arrears
Order
- No application for suppression has been made in this case and no suppression orders apply to publication of this decision.
- [The tenant/s] owes Seddon Street Property Management Limited $360.95 (“the debt”) calculated as shown in the table below.
- [The tenant/s] must pay rent and the debt by paying $865.51, being $525.00 for rent and $340.51 for the debt on 25 September 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 9 Kebbell Avenue, Levin, Levin 5510 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 hearing was conducted by telephone. Mr Hamilton attended for the landlord. the tenant did not attend. Calls to two mobile telephone numbers for the tenant (ending 032 and 237) were not connected.
- The landlord has applied for termination of the tenancy and rent arrears. The landlord does not wish to terminate the tenancy if it can be avoided and therefore seeks a conditional termination order.
- 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.
- The tenant has breached her obligations by failing to pay rent as it falls due. On 6 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 because arrears have been persistent since then and it is unfair for the landlord to have rent continuously in arrears.
- The landlord is willing to accept a conditional order and it is appropriate to make such an order in the circumstances.
- 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.