Published tribunal order
Tenancy Tribunal case 4623631 — Rent arrears at 48 Kowhai Street, Te Hapara, Gisborne 4010
Decided 7 Aug 2023 · Published 7 Aug 2023 · Application 4623631
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.
- Tia Brown owes Co-Lab PM Limited T/A Ray White Gisborne $470.44 (“the debt”) being $450.00 for rent arrears and $20.44 for the filing fee.
- Tia Brown must pay rent and the debt as follows: a. By a payment of $450.00 by 5pm on Friday 11 August 2023 for the weekly rent due in advance; and b. A final payment of $900.00 by 5pm on Friday 18 August 2023 for the rent arrears and the weekly rent due in advance.
- 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 48 Kowhai Street, Te Hapara, Gisborne 4010 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
- The landlord attended the telephone hearing today. Someone answered the tenant’s phone when the Tribunal rang, but then hung up when the tenant was asked for by name.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. At the hearing the landlord sought conditional 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. The rent was 27 days in arrears when the application was filed ($1,735.71) (section 55(1)(a) and (1A) of the Residential Tenancies Act 1986).
- The tenant has since made payments via WINZ that have reduced the rent arrears to $450.00 (1 weeks’ rent). The landlord is concerned, however, that a redirection from WINZ has not been set up so that the tenant will fall into further arrears.
- I have decided to make a conditional termination order requiring the tenant to pay the next 2 weeks of current rent as well as the arrears. The tenant is urged to set up the necessary redirection with WINZ to ensure payments are made. If the arrears and rent are not paid in accordance with this order, the tenancy will end.
- 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).