Published tribunal order
Tenancy Tribunal case 4778779 — Rent arrears at 8 Chesterton Drive, Leamington, Cambridge 3432
Decided 29 Feb 2024 · Published 29 Feb 2024 · Application 4778779
Mixed / unclear
- Rent arrears
Order
- This order is issued under the slip rule 1 due to an error in the amount due in 2. a. in the order issued yesterday. This order replaces that order. No other detail is changed.
- Rebecca Walker and Ian Paul owes Lodge City Rentals Limited $11,200.43 (“the debt”), being rent arrears of $11,179.99 (to 29 February 2024) and the application filing fee of $20.44.
- Rebecca Walker and Ian Paul must pay rent and the debt as follows: a. By paying current rent of $860.00 on Friday 1 March 2024 as due b. A payment of $11,200.43, being $11,179.99 for rent arrears and $20.44 for the debt.
- 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: 1 High Court Rules 2016 11.10 allows for the correction of accidental slip or omission. It states:
- A judgment or order may be corrected by the court or the Registrar who made it, if it— a.contains a clerical mistake or an error arising from an accidental slip or omission, whether or not made by an officer of the court; or b.is drawn up so that it does not express what was decided and intended. a. The tenancy at 8 Chesterton Drive, Leamington, Cambridge 3432 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. Ms Jo McCurdy represented the landlord.
- The tenants did not join and calls out were made. The calls went unanswered.
- This hearing was previously adjourned due to tenant health. Unfortunately, that situation has not changed, and a late adjournment request was made by the sick tenant’s mother this morning. It is not clear to me why Ian Paul could not act for both tenants. While a short adjournment was suggested, the next available date for a continuation was 13 March 2024. That is too long for the non-payment of rent to continue.
- The rent arrears as at today are significant and increasing. It would have been unfair on the landlord to further adjourn today without an opportunity for it to be heard.
- The tenant’s mother has continued contact with the Registry via email and made an offer to clear the rent arrears. That offer is useful and appreciated as the tenants’ circumstances here make termination something to be avoided, if at all possible.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant has the opportunity to repay the debt to avoid immediate termination. If there is any confusion on how the debt should be paid to the landlord (bank account or other) the tenants, or representative, should contact the landlord agent as named 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 have no explanation why the tenants have not been paying rent. This failure predates any medical issue raised at the date of the last hearing and the landlord has records of previous promises from the tenants to resolve the arrears. It may be that the failure to address rent and arrears previously is due to some confusion although given the duration and this application, this seems improbable.
- I am satisfied, given the undertaking received via email, that the tenants will pay the debt within the period specified in the order and are 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.
- For the benefit of the tenants, the terms of this order reflect what has been undertaken by the tenant’s mother. Once the two payments as ordered are made this conditional termination lapses and the tenancy continues as normal. No further order for termination may be made under this application.
- I hope the tenant recovers well and the conditions in this order are meet so the tenancy can continue from here. Application filing fee
- Because Lodge City Rentals Limited has wholly succeeded with the claim I must reimburse the filing fee.