Published tribunal order
Tenancy Tribunal case 4720033 — Rent arrears at 26 Orowaru Avenue, Massey, Auckland 0614
Decided 21 Nov 2023 · Published 21 Nov 2023 · Application 4720033
Landlord favoured
- Rent arrears
Order
- Natalie Kora owes Visionwest Community Trust $682.73 (“the debt”), being rent arrears of $662.29 to Saturday 25 November 2023 and the application filing fee of $20.44.
- Natalie Kora must pay rent and the debt as follows: a. By paying $574.85, being $524.85 current rent and $50.00 towards the debt, on Sunday 26 November 2023. Thereafter. b. By weekly payments of $630.00, being $580.00 for rent and $50.00 towards the debt, with the first payment due on Sunday 3 December 2023, and then every Sunday thereafter until the debt is 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 26 Orowaru Avenue, Massey, Auckland 0614 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 not paying rent as due. On 9 October 2023 the landlord served a 14-day notice on the tenant for rent arrears but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
- The landlord provided a rent summary that established the rent arrears. This total is inclusive of an existing $7.71 credit. The weekly rent increases to $580.00 from Monday 27 November, hence the first rent week payment being the sum of 1/7 th of the old rent and 6/7ths of the new ($524.85).
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, the landlord wants to give the tenant a final chance to pay the debt within the period specified in the order. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- 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 Visionwest Community Trust has wholly succeeded with the claim I must reimburse the filing fee.