Published tribunal order
Tenancy Tribunal case 4621009 — Rent arrears at 5 Marshall Road West, Henley, RD 1, Mosgiel 9073
Decided 7 Aug 2023 · Published 7 Aug 2023 · Application 4621009
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.
- Lynne Huntley and Greg Rule owes Edinburgh Realty Limited as Agent for Brenda Gin $4,260.44 (“the debt”) being rent arrears to Friday 11 August 2023 of $4,240.00 and the filing fee of $20.44.
- Lynne Huntley and Greg Rule must pay rent and the debt as follows: a. By a payment of $1,000.00 by 5pm on Tuesday 8 August 2023 towards the debt; and b. A final payment of $3,770.00, by 5pm on Tuesday 15 August 2023 being $530.00 for current rent and $3,240.00 for the balance of the debt.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay any of the amounts provided above at paragraph 3 within 2 working days of the due dates: a. The tenancy at 5 Marshall Road West, Henley, RD 1, Mosgiel 9073 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The filing fee is payable immediately.
Reasons
- Both parties attended the telephone hearing today.
- 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 is heard, the Tribunal must make either a final or a conditional termination order (section 56(2) and 55(1)(a) and (1A) of the Residential Tenancies Act 1986).
- The landlord argued forcefully for a final termination order. The landlord placed emphasis on the extent of the arrears, the lack of communication from the tenant, the lack of any part-payment of rent and the likelihood of WINZ assisting.
- The tenant explained she has had difficult circumstances in her personal life since shortly after taking the tenancy and the reasons why it has taken a long time for WINZ to process her request for assistance. She has been told that WINZ will pay the arrears and going forward she is working. There is also financial support from family available as a last resort. 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 (section 64(4)(b) of the Residential Tenancies Act 1986).
- The landlord has succeeded in obtaining a conditional termination order and is awarded the filing fee.