Published tribunal order
Tenancy Tribunal case 4693195 — Rent arrears at 7 Huggins Place, Edgeware, Christchurch 8013
Decided 7 Nov 2023 · Published 7 Nov 2023 · Application 4693195
Mixed / unclear
- Rent arrears
Order
- Ngarimu Fisher owes Otautahi Community Housing Trust $970.44 comprising rent arrears of $950.00 and the filing fee of $20.44 (the debt).
- Ngarimu Fisher must pay rent and the debt as follows: a. By weekly payments of $230.00, being $220.00 for rent and $10.00 for the debt. b. Payments will be every Friday, with the first payment on 10 November 2023 and continuing until the debt is paid in full .
- 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 7 Huggins Place, Edgeware, Christchurch 8013 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 which I conducted by phone.
- The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and 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 tenant can pay greater amounts towards the rent arrears but must pay a minimum of $10.00 per week in additional to usual rent to avoid termination of the tenancy.
- 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.