Published tribunal order
Tenancy Tribunal case 4625303 — Rent arrears at 41 Johnston Street, Foxton, Foxton 4814
Decided 30 Aug 2023 · Published 30 Aug 2023 · Application 4625303
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.
- Pertrice McLay owes Property Brokers Limited As Agent For Catherine Garaghty $819.01 (“the debt”), being rent arrears of $798.57 and filing fee of $20.44.
- Pertrice McLay must pay rent and the debt as follows: a. By weekly payments of $430.00, being rent. Payments will be every Friday, with the first payment on 1 September 2023 and continuing every Friday until the debt is paid. b. A final payment of $819.01, being the debt, to be paid no later than Friday 15 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 41 Johnston Street, Foxton, Foxton 4814 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
- Both parties attended the hearing, conducted via teleconference.
- 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.
- The parties agreed that at the date of this hearing the rent arrears was $798.57.
Should a conditional termination order be made?
- 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. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by not paying rent as due. On 3 July 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.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. The landlord confirmed rent is now being paid as due direcely from the agency. The resolution of the historic rent arrears remains to complete. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- 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. See section 64(4)(b) Residential Tenancies Act 1986. Application filing fee
- Because Property Brokers Limited As Agent For Catherine Garaghty has wholly succeeded with the claim I must reimburse the filing fee.