Published tribunal order
Tenancy Tribunal case 4709310 — Rent arrears
Decided 26 Oct 2023 · Published 26 Oct 2023 · Application 4709310
- Rent arrears
Party names are redacted in the official published order.
Order
- Wairere Hiriwa Waikato owes [The landlord/s] $1,360.29 (“the debt”) being rent arrears of $1,272.14, water rates of $67.71 and reimbursement of the filing fee of $20.44.
- Wairere Hiriwa Waikato must pay rent and the debt as follows: a. By weekly payments of $785.00, being $685.00 for rent and $100.00 for the debt. b. Payments will be every Wednesday, with the first payment of $785.00 on 1 November 2023 and continuing until the debt is repaid in full.
- Payments will be allocated in the following order: rent, rent arrears, water rates 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 [Tenancy address suppressed] 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 by telephone.
- The landlord has applied for termination of the tenancy, rent arrears and reimbursement of 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 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.
- Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.