Published tribunal order
Tenancy Tribunal case 4626649 — Rent arrears at 119 Mungavin Avenue, Ranui, Porirua 5024
Decided 2 Aug 2023 · Published 2 Aug 2023 · Application 4626649
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.
- Talei Etimani owes Oxygen.Co.Nz Limited As Agent For Guibin Pa $3,880.17 (“the debt”) being rent arrears of $3,859.73 to Friday 4 August 2023 and $20.44 reimbursement of the filing fee.
- Beginning on Friday 4 August 2023, Talei Etimani must pay: a. The rent of $550.00 weekly. b. A further $100.00 weekly in reduction of the debt. c. The balance of the debt in full by 5 pm Friday 6 October 2023.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and/or rent arrears by the due dates: a. The tenancy at 119 Mungavin Avenue, Ranui, Porirua 5024 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 by telephone.
- 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.
- 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. See section 64(4)(b) Residential Tenancies Act 1986.
- The tenant needs to be clear that unless she makes payment of the rent and the $100.00 in reduction of the rent arrears weekly without fail, her tenancy will end.
- If the tenant does not clear all of the debt by 5 pm Friday 6 October 2023, her tenancy will end.
- Because Oxygen.Co.Nz Limited As Agent For Guibin Pa has wholly succeeded with the claim I must reimburse the filing fee.