Published tribunal order
Tenancy Tribunal case 4689792 — Rent arrears at 47B Torkar Road, Clarks Beach, Clarks Beach 2122
Decided 14 Nov 2023 · Published 14 Nov 2023 · Application 4689792
- Rent arrears
Party names are redacted in the official published order.
Order
- Katrina Marie Te Rurku owes [The landlord/s] $900.88 (“the debt”), being rent arrears of $880.44 to Thursday 16 November, and the application filing fee of $20.44.
- Katrina Marie Te Rurku must pay rent and the debt by paying current rent of $470.00 on Friday, 17 November 2023, and thereafter paying every Friday starting 24 November 2023 $570.00, being $470.00 for rent and $100.00 for the debt. This is due until the debt has been paid.
- 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 47B Torkar Road, Clarks Beach, Clarks Beach 2122 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, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
- 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.
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 13 September 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. Outright termination is sought by the landlord.
- 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. This is based on recent lump sum payments and her advice to the landlord that she is in regular work. The continuation of the tenancy is in her hands.
- 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 wholly successful, suppression is ordered.