Published tribunal order
Tenancy Tribunal case 4660772 — Rent arrears at 509 Hart Drive, Frimley, Hastings 4120
Decided 13 Oct 2023 · Published 13 Oct 2023 · Application 4660772
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
- Jana Kathleen McKenzie owes [The landlord/s] $16,160.44 (“the debt”) being rent arrears of $16,140.00 to 9 October 2023 and reimbursement of the filing fee of $20.44.
- Jana Kathleen McKenzie must pay the debt in full no later than 5 pm Thursday 19 October 2023.
- If the tenant fails to pay the debt by that date and time: a. The tenancy at 509 Hart Drive, Frimley, Hastings 4120 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 filing fee. 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.
- Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.