Published tribunal order
Tenancy Tribunal case 4656593 — Rent arrears at 15 Awatoto Road, Meeanee, Napier 4183
Decided 2 Oct 2023 · Published 2 Oct 2023 · Application 4656593
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.
- Beaudine Alan Te-Wake owes Bay Asset Management Limited As Agent For Ballydool Trust $3,320.44 (“the debt”) being rent to 11 October 2023 and reimbursement of the filing fee of $20.44.
- Beaudine Alan Te-Wake must pay the debt in full by 5 pm Thursday 11 October 2023.
- If the tenant fails to the debt by the due date and time: a. The tenancy at 15 Awatoto Road, Meeanee, Napier 4183 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.
- The landlord has provided a rent summary proving the amount owing.
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.
- Because Bay Asset Management Limited As Agent For Ballydool Trust has wholly succeeded with the claim I must reimburse the filing fee.