Published tribunal order
Tenancy Tribunal case 4776310 — Rent arrears at Room D, Unit/Flat 14, 11 Ingram Street, Papakura,
Decided 21 Feb 2024 · Published 21 Feb 2024 · Application 4776310
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Puega Brenda Ropati owes Lodge City Rentals Limited As Agent For Bentley Studios Ltd $120.44 (“the debt”), being rent arrears of $100.00 and the application filing fee of $20.44.
- Puega Brenda Ropati must pay rent and the debt as follows: a. By paying current rent of $370.00 on Friday 23 February 2024, and thereafter; b. By 4 weekly payments of $395.00, being $370.00 for rent and $25.00 for the debt. c. A final payment of $390.44, being $370.00 for rent and $20.44 for the debt. d. Payments will be every Friday, with the first payment (after the payment to be made per 2.a. above) on 01/03/2024 and continuing until 29/03/2024.
- 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 Room D, Unit/Flat 14, 11 Ingram Street, Papakura, Papakura 2110 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 video. The tenant did not join and a call out to her was made. The call was answered and the tenant joined the hearing.
- 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?
- 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 Lodge City Rentals Limited As Agent For Bentley Studios Ltd has wholly succeeded with the claim I must reimburse the filing fee.