Published tribunal order
Tenancy Tribunal case 4811738 — Rent arrears at Flat 1, 182 Geraldine Street, Edgeware, Christchurch 8013
Decided 22 Mar 2024 · Published 22 Mar 2024 · Application 4811738
Landlord favoured
- Rent arrears
Order
- Vaibhav Ghai and Sabia Malik owe Rent Wise Property Management Limited $778.44 (“the debt”), calculated as shown in the table below.
- Vaibhav Ghai and Sabia Malik must pay rent and the debt as follows: a. By 7 weekly payments of $565.00, being $465.00 for rent and $100.00 for the debt. b. A final payment of $543.44, being $465.00 for rent and $78.44 for the debt. c. Payments will be every Tuesday, with the first payment on 26/03/2024 and continuing until 14/05/2024.
- Payments will be allocated in the following order: rent, and then the debt.
- If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 1, 182 Geraldine Street, Edgeware, Christchurch 8013 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The hearing was conducted on Microsoft Teams.
- Shona Saunders, the property manager, and Angela Limmer, the owner, attended the hearing by video.
- The Tribunal telephoned the tenants’ telephone number, but there was no answer. Mr Ghai emailed the Tribunal prior to the hearing that his phone may be out of range because he has to be on the Cook Strait ferry today for work purposes.
- The hearing proceeded in the tenant’s absence. Mr Ghai did however provide an email to the Tribunal explaining that due to circumstances beyond his control he has had difficulty paying the rent but can from now on pay the weekly rent and repay the arrears if given time.
- 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?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. 1
- The tenants breached their obligations by failing to pay rent. The landlords served a 14-day notice on the tenants, but they did not remedy the breach within the required period.
- It would be inequitable to refuse to conditionally terminate the tenancy because the tenants’ consistent failure to keep their rent up to date is causing the owner immense stress. 1 Residential Tenancies Act 1986 (RTA), s 56(1).
- Having considered the evidence I am satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further breach. A conditional termination order is made. 2
- The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order is enforceable for 90 days from the first breach. 3 Other
- The tenants must reimburse the landlord for the filing fee.