Published tribunal order
Tenancy Tribunal case 4636609 — Rent arrears at 6 Pukeko Place, Tokoroa, Tokoroa 3420
Decided 21 Aug 2023 · Published 21 Aug 2023 · Application 4636609
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.
- Maleina Nooroa owes Yasmin Patricia Hende Lucar de Lepine $3,127.59 (“the debt”) being rent arrears of $3,107.15 as at 21 August 2023 and the filing fee of $20.44.
- Maleina Nooroa must pay rent and the debt by making all of the following payments by 30 August 2023: a. Payment in full of $3,127.59 for the debt; b. Payment of $400 for current rent due for the period 22 August 2023 to 28 August 2023; c. Payment of $800 for the current fortnightly rent due for the period 29 August 2023 to 11 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 6 Pukeko Place, Tokoroa, Tokoroa 3420 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
- The landlord attended the hearing by teleconference. The Tribunal telephoned the tenant twice for the hearing, but the calls diverted to voicemail. I am satisfied that the tenant had notice of the hearing and did not attend.
- The landlord has applied for termination of the tenancy and rent arrears.
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.
- The landlord has provided rent records to prove that the rent was 21 days in areas at the date of the application. However, the landlord seeks a conditional termination order to give the tenant an opportunity to pay the arrears and remain in the tenancy. 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.