Published tribunal order
Tenancy Tribunal case 4699152 — Rent arrears at Unit/Flat 3, 40 Fairfield Avenue, Addington, Christchurch
Decided 4 Dec 2023 · Published 4 Dec 2023 · Application 4699152
- Rent arrears
Party names are redacted in the official published order.
Order
- Iriea Aberahama owes [The landlord/s] $1,960.44 (“the debt”), being rent arrears of $1,940.00 to 8 December 2023, and $20.44 application filing fee.
- Iriea Aberahama must pay the debt of $1,960.44 in full by Friday 8 December 2023. Normal rent of $490.00 is due Saturday 9 December 2023.
- Payments will be allocated in the following order: rent arrears, and the filing fee.
- If the tenant fails to pay the rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 3, 40 Fairfield Avenue, Addington, Christchurch 8024 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.
- The application was submitted 29 September 2023 but varied on 18 October 2023 to seek termination as rent was, at that date, more than 21 days in arrears. The application, and later notice of hearing, reflect the variation.
- Appropriate service has completed.
- The tenant has some problems with his email account. Given that, the terms and amount of any payment of rent arrears in this order were orally ordered at the hearing. The tenant cannot reply on any lack of a physical order as a defence to any failure to pay the rent arrears as ordered. He stated at the hearing he has the funds; he understands the amount due and consequences of non-payment. He said he will pay the rent arrears this week.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed or formally varied, 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 landlord’s preference was for a termination order. I understand the reasons for this and I hope the tenant, assuming he clears the rent arrears, avoids providing any future reason for a similar landlord application as the outcome of that may be very different.
- 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. Application filing fee
- Because [The applicant/s] has been substantially successful with the claim I must reimburse the filing fee. Other matters
- The tenant raised an issue regarding pest control. As advised at the hearing, he should use the Tribunal process and a tenant applicant if there are unresolved matters. It is not acceptable to just withhold rent. 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 substantially successful, suppression is ordered.