Published tribunal order
Tenancy Tribunal case 4816237 — Rent arrears at 6 Matthews Road, Wainuiomata, Lower Hutt 5014
Decided 18 Oct 2024 · Published 18 Oct 2024 · Application 4816237
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- Boris Tautuhi-Griffiths owes [The landlord/s] $4,266.44 (“the debt”).
- Boris Tautuhi-Griffiths must pay rent and the debt as follows: a. By 2 payments of $745.00 for rent on 15 May 2024 and 22 May 2024. b. A single payment of $4,266.44 before 22 May 2024 for the debt, being $4,246.00 for rent arrears up to 8 May 2024, and $20.44 for 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 6 Matthews Road, Wainuiomata, Lower Hutt 5014 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 which was held by teleconference.
- The landlord has applied for termination of the tenancy and rent arrears.
- Rent was at least 21 days in arrears on the date the application was filed.
- 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 [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.