Published tribunal order
Tenancy Tribunal case 4671010 — Rent arrears at 12 Turaki Street, Taumarunui, Taumarunui 3920
Decided 17 Oct 2023 · Published 17 Oct 2023 · Application 4671010
Landlord favoured
- Rent arrears
Order
- No application for suppression has been made in this case and no suppression orders apply to publication of this decision
- Cara-Awa Flanagan owes Property Brokers Limited as agent for Harmel Singh Toor $417.42 (“the debt”), being: a. Rent arrears owed at 15 October 2023 – $16.98; b. Rent due for rent period 16 October 2023 to 22 October 2023 - $380.00; c. Filing fee - $20.44
- Cara-Awa Flanagan must pay the debt no later than 5:00pm on Thursday 19 October 2023
- If the tenant fails to pay the rent and rent arrears within 2 working days of the due dates or for the next 8 weeks fails to pay the weekly rent when due: a. The tenancy at 12 Turaki Street, Taumarunui, Taumarunui 3920 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 which was held by teleconference. The tenant was duly served with a Notice of Hearing for today’s teleconference but was unable to be contacted on the number specified in the Notice.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by failing to repay arrears of rent in accordance with a 14 day notice issued on 30 August 2023. It would be inequitable to refuse to terminate the tenancy.
- The tenant has since largely paid the arrears and despite my finding that it would be inequitable to refuse to terminate the tenancy, I am satisfied the tenant should be given the opportunity to pay the remaining debt and demonstrate an ability to pay future rent when due. I have granted a conditional termination. See 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. See section 64(4)(b) Residential Tenancies Act 1986.
- Because Property Brokers Limited has succeeded with the claim I must reimburse the filing fee.