Published tribunal order
Tenancy Tribunal case 4771417 — Rent arrears at 40 Achilles Court, Palmerston North, Palmerston North
Decided 19 Feb 2024 · Published 19 Feb 2024 · Application 4771417
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes [The landlord/s] $2,460.44 being rent arrears of $2,440.00 for the period ending Thursday 22 February 2024 plus the application fee (“the debt”).
- [The tenant/s] must pay the debt in full by 5pm on Thursday 29 February 2024. This payment is in addition to normal rent of $340.00 per week. The next payment of normal rent is due on Friday 23 February 2024.
- 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 40 Achilles Court, Palmerston North, Palmerston North 4410 will terminate with possession of the premises returning to the landlord on written notice from the landlord. 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
- Ms Thomas attended the hearing for the landlord. The tenant was phoned on the number provided but the call went to voicemail.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The rent was more than 21 days in arrears as at the date the application was filed. 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: section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- Ms Thomas said that the landlord is prepared to give the tenant the opportunity to pay the arrears to avoid immediate termination. I therefore consider a conditional termination order is appropriate here.
- The amount of rent owing has been established by the production of a rent record.
- 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: section 64(4)(b) Residential Tenancies Act 1986.