Published tribunal order
Tenancy Tribunal case 4681332 — Rent arrears at 102 Villa Street, Masterton, Masterton 5810
Decided 11 Oct 2023 · Published 11 Oct 2023 · Application 4681332
- 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 name and identifying details.
- Marnie Brooke Gardiner owes [The landlord/s] $1,060.44 (“the debt”), being $1040.00 rent arrears and $20.44 filing application fee.
- Marnie Brooke Gardiner must pay rent and the debt as follows: a. By weekly rent payments of $3,160.88, with the first payment due Friday 13 October 2023 and every Friday thereafter. b. A payment of $2,100.44, being for the debt, to be made no later than Tuesday 31 October 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 102 Villa Street, Masterton, Masterton 5810 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, conducted via teleconference.
- 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.
- An updated rent summary was provided after the hearing. This confirms the rent arrears as verbally submitted by the landlord.
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 pay rent as due. On 25 August 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986. I also note the first 11 months of the tenancy reflect timely rent payment, strengthening the tenant submission that the recent failures are a blip rather than a trend.
- The tenant confirmed she is aware the rent has now increased to $520.00 per week, effective 29 September 2023. This increase is reflected in the rent summary and arrears total.
- 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. Application filing fee
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
- Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- The landlord requested suppression in its application. As it has been successful in these proceedings suppression is ordered.