Published tribunal order
Tenancy Tribunal case 4700786 — Rent arrears at 48B Makarini Street, Paraparaumu, Paraparaumu 5032
Decided 24 Nov 2023 · Published 24 Nov 2023 · Application 4700786
Landlord favoured
- Rent arrears
Order
- Joshua Micheal Wharton owes Carrie-Anne Joy Taylor $9,280.44 being rent arrears and rent to Thursday, 30 November 2023 and the filing fee of $20.44.
- Joshua Micheal Wharton must pay $9,280.44 to Carrie-Anne Joy Taylor by Friday, 1 December 2023.
- If Joshua Micheal Wharton fails to pay $9,280.44 to the landlord by Friday, 1 December 2023 the tenancy at 48B Makarini Street, Paraparaumu, Paraparaumu 5032 will terminate and the landlord will have immediate possession of the premises. The balance of the debt will be payable immediately.
- If $9,280.44 is paid by Friday, 1 December 2023 the tenancy will continue and rent of $580.00 will be due on from 1 to 7 December.
Reasons
- Both parties attended the hearing by phone.
- The landlord has applied for termination of the tenancy, rent arrears and the filing fee. The tenant wants to repay the debt to avoid immediate termination.
- The amount of arrears is not disputed. Rent arrears to 23 November is $8,680.00. Normal rent of $590.00, from 24 to 30 November 2023, is now overdue.
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 that Joshua plans to pay the debt within the period specified in the order by assistance from WINZ. The landlord agrees to the conditional termination. I have granted a conditional termination order.
- 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. Filing Fee
- Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.