Published tribunal order
Tenancy Tribunal case 4753129 — Rent arrears
Decided 5 Mar 2024 · Published 5 Mar 2024 · Application 4753129
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Inspire Property Management Limited As Agent For Anyos Gonczy $600.00 (“the debt”) for rent arrears and the application fee.
- [The tenant/s] must pay the debt today, 1 March 2024.
- If [The tenant/s] fails to pay the rent arrears within 2 working days of 1 March 2024: 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/s] 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. Ms Ditchfield represented the landlord.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
- 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. See section 56(1) Residential Tenancies Act 1986 (RTA).
- 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.
- [The tenant/s] has breached her obligations by failing to pay rent in accordance with their tenancy agreement.
- The landlord served a number of 14-day notices on [The tenant/s] which were not remedied within the required periods. Ms Ditchfield submits that although [The tenant/s] has made attempts to rectify the arrears over the last few weeks, she cannot be assured that the situation will not occur again. She says she does not have time to continually chase [The tenant/s] for her rent and the owner of the house has their own financial obligations which are being jeopardised by [The tenant/s]’s actions.
- [The tenant/s] in response explained why she got into arrears which related to difficulties with her benefit from Work and Income New Zealand (WINZ) and her children’s residence arrangements. Those have all been resolved now and WINZ have been paying the arrears off in $50 weekly instalments. She says her case officer at WINZ spoke with Ms Ditchfield before Christmas and came to this arrangement.
- Having considered the evidence carefully, I find that it would be inequitable to terminate the tenancy at this time. I make this finding for the following reasons: a. [The tenant/s]’s benefit has now stabilised and is sufficient to meet her rental obligations. She is willing to have a redirection from WINZ to the landlord for the rent established. I cannot direct her to do this but note that in the hearing she agreed to do so. b. [The tenant/s] has undertaken to pay the arrears today. c. [The tenant/s] has gone to lengths to ensure she is up to date with her rent and accepts that she should not have got into arrears in the first place. d. She is clear the situation will not occur again and apologises for it happening in the first place. e. There are various processes available to the landlord should [The tenant/s] get into arrears again.
- Accordingly, I have granted a conditional termination. See section 78(3) RTA.
- The conditional termination order will lapse if it is fully complied with. If [The tenant/s] breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) RTA.
- As the landlord was successful to an extent in their application, I direct that the filing fee be reimbursed.
- As [The tenant/s] was successful in her defence, I approve suppression orders in her favour. The landlord has not applied for suppression orders.