Published tribunal order
Tenancy Tribunal case 4781319 — Rent arrears at 13 Kokonga Lane, Silverdale, Silverdale 0932
Decided 27 Mar 2024 · Published 27 Mar 2024 · Application 4781319
Landlord favoured
- Rent arrears
Order
- Anthony William Admore owes Hopeland Properties Limited $2,632.64 (“the debt”), being rent arrears of $2,612.20 to 29 March 2024 and the filing file of $20.44.
- Anthony William Admore must pay rent and the debt as follows: a. By weekly payments of $1,170.00, being $970.00 for rent and $200.00 for the debt. b. Payments will be every Saturday, with the first payment on 30/03/2024 and continuing until the debt is paid.
- 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 13 Kokonga Lane, Silverdale, Silverdale 0932 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
- Both parties attended 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, as varied by order on 27 February 2024, 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 Hopeland Properties Limited has wholly succeeded with the claim I must reimburse the filing fee.