Published tribunal order
Tenancy Tribunal case 4635910 — Rent arrears at 33 Buccleugh Street, Phillipstown, Christchurch 8011
Decided 9 Aug 2023 · Published 9 Aug 2023 · Application 4635910
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Macey David Deans owes Braziers Limited and David Lundy $410.00 being rent owing to 10 August 2023 (“the debt”).
- Macey David Deans must pay rent and the debt as follows: a. By one payment of $490 on 11/08/2023 being rent due for the period ending 17/08/2023. b. By 20 weekly payments of $510.00, being $490.00 for current rent and $20.00 for the debt with the first payment on 18/08/2023. c. By one final payment of $500.00, being $490.00 for rent and $10.00 for the debt on 05/01/2024.
- Payments will be allocated in the following order: rent and rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 33 Buccleugh Street, Phillipstown, Christchurch 8011 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Ms Waddell, of Braziers Limited, attended the hearing by teleconference on behalf of the landlord.
- The tenant was contacted on the number provided but the call went to voicemail.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord has agreed to accept a conditional order to give the tenant the opportunity to pay the debt to avoid termination.
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: section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by failing to comply with a 14-day notice for unpaid rent. 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. I have granted a conditional termination: 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: section 64(4)(b) Residential Tenancies Act 1986.