Published tribunal order
Tenancy Tribunal case 4637689 — Rent arrears at 553 New North Road, Kingsland, Auckland 1021
Decided 21 Aug 2023 · Published 21 Aug 2023 · Application 4637689
Landlord favoured
- Rent arrears
- 14-day notice
- Exemplary damages
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Michelle Linda Matthews and Marcelle Siteine owes Taylor Property Services Limited As Agent For Gavin Richard Lobo As Trustee Of Gavin Lobo Family Trust $8,564.67(“the debt”) being rent arrears of $8,544.23 owed to 23/8/2023 and the filing fee of $20.44.
- Michelle Linda Matthews and Marcelle Siteine must pay rent and the debt as follows: a. A payment of $1,490.00 for current rent (for the period 24/8/2023 to 30/8/2023) is to be made on or before Thursday 24 August 2023; b. A payment of $8,564.67 for the debt is to be made on or before Monday 28 August 2023.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay any amount of rent or rent arrears on the due dates: a. The tenancy at 553 New North Road, Kingsland, Auckland 1021 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.
- If the respondent tenant also has a claim they want dealt with, they must file their application with Tenancy Services within seven days of this order.
Reasons
- Both parties attended the hearing.
- 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 and also claims that they have a cross application against the landlord in excess of the rent arrears owed.
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 tenants acknowledge that they have at times only paid half the rent due and advise that there has been a problem with one of the tenant’s payments from WINZ and they say that they will be able to pay rent in full.
- The tenants also say that they have cross claims against the landlord and that they are in the process of lodging an application with the Tribunal for compensation and exemplary damages in excess of the arrears.
- I have explained to the tenants that it is not open to them to stop paying rent because they have claims against the landlord. Their obligation is to continue to pay rent and to pursue their claims through the Tribunal.
- Given the circumstances, and on the basis that the tenants assure me that they will pay current rent and the debt within the period specified in the order and will not 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. K Stirling, 21 August 2023