Published tribunal order
Tenancy Tribunal case 4778682 — Rent arrears at 27B Thomas Street, Stokes Valley, Lower Hutt 5019
Decided 28 Feb 2024 · Published 28 Feb 2024 · Application 4778682
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Karena Iri Jane Mackey and Saan Ratahi owes Rentcare Property Management Limited $2,220.44 (“the debt”), being rent arrears of $2,200 and the application filing fee of $20.44.
- Karena Iri Jane Mackey and Saan Ratahi must pay rent and the debt as follows: a. By 5 weekly payments of $1,000.00, being $600.00 for rent and $400.00 for the debt. b. A final payment of $820.44, being $600.00 for rent and $220.44 for the debt. c. Payments will be every Tuesday, with the first payment on 27/02/2024 and continuing until 02/04/2024.
- 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 27B Thomas Street, Stokes Valley, Lower Hutt 5019 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 tenants attended the hearing, conducted via video. The landlord did not join and a call out was made. The call was answered.
- 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. The tenants have already commenced a repayment schedule. That is continued in this order.
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. They explained the financial pressures that lead to the arrears have been sorted and they have demonstrated already they are now in a position to pay rent and the arrears.
- 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 Rentcare Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.