Published tribunal order
Tenancy Tribunal case 4821398 — Rent arrears
Decided 26 Mar 2024 · Published 26 Mar 2024 · Application 4821398
- 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.
- Termination of the tenancy of Gisinda Coombes at [Tenancy address suppressed] and possession granted to [The landlord/s] at 11.59pm on Friday 22 March 2024 PROVIDED HOWEVER that the possession date is extended to 11.59pm on Monday 15 April 2024 on the following conditions:
- Gisinda Coombes owes [The landlord/s] $1,520.44 comprising rent arrears of $1,500.00 to 18 March 2024 and the filing fee of $20.44 (“the debt”).
- Gisinda Coombes must pay rent and the debt as follows: a. By a payment of $1520.44 for the debt by 5.00pm on Friday 22 March 2024. b. By payments of $500.00 for weekly rent, the first of which is due today 19 March 2024 and every Tuesday after that until 9 April 2024 which will be the last payment in advance and will be for the period to 15 April 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 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. Each gave evidence as did [The Tenant’s partner].
- The landlord has applied for termination of the tenancy, rent arrears and the filing fee.
- The landlord applied for termination on the basis of a threat of assault by the tenant’s partner (who is not a named tenant).
- The landlord amended the application yesterday to include termination for rent arrears. Termination for assault/threat of assault
- The Tribunal must terminate a tenancy under section 55(1) of the Residential Tenancies Act 1986 (RTA) if it is satisfied that: (c) the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, any of the following persons: (i) the landlord or any member of the landlord’s family: (ii) the owner of the premises or any member of the owner’s family: (iii) any agent of the landlord: (iv) any occupier of any building of which the premises constitute a part: (v) any neighbour of the premises or of any building of which the premises constitute a part.
- The alleged threat of assault in this case occurred when the tenant’s partner phoned the landlord during the evening of 27 February 2024 and told the landlord words to the effect that ‘she would not get away with killing his dog’ adding ‘you won’t. I’ll kill you’.
- The landlord produced evidence of numerous calls from the number the tenant’s partner called her from that evening.
- [The Tenant’s partner] in evidence accepted that he called the landlord on that evening, but only once. He said he used a borrowed phone. He said he did not make the multiple calls the landlord referred to.
- [The Tenant’s partner] said he told the landlord words to the effect that she would not get away with killing his dog. He denied saying he would kill her.
- [The Tenant’s partner] denied any involvement in an incident later that evening when a concrete block and an iron bar were thrown through the landlord’s window.
- [The Tenant’s partner]’s evidence that he knew nothing about the attack on the landlord’s house was not convincing. He posted the details of his accusation against the landlord on social media. The attack occurred within hours of his phone call to the landlord in which he admitted saying ‘don’t think you’ll get away with killing my dog’. The coincidence is too great for the Tribunal to be assured he had no knowledge of it.
- There is no suggestion that the tenant Ms Combes threatened to assault the landlord. The allegation is made against [The Tenant’s partner].
- I find it probable that he did say words to the effect that he would harm the landlord.
- However, the wording of section 55(1)(c) RTA does not mean that the Tribunal can terminate the tenancy because of [The Tenant’s partner]’s actions. He is not a tenant.
- From the evidence Ms Coombes gave, I cannot be satisfied that she caused or permitted [The Tenant’s partner] to threaten to assault the landlord. It was his dog who died, and he who held the landlord responsible. I find that his actions were his own; they were not caused by Ms Coombes, nor did she permit them in an active manner. She said she actively tried to prevent him going to the landlord’s house around 1.00pm on 27 February 20204 when he did a burnout on her driveway (which he admitted). So, Ms Coombes was not an active participant. Termination for rent arrears
- The landlord applied to amend the application for termination for rent arrears. The Tribunal accepted the amendment to the application. Ms Coombes accepted that she has withheld rent and that the rent is at least 21 days in arrears.
- When the rent is at least 21 days in arrears, the Tribunal must terminate the tenancy, either by a final or a conditional order – see section 55(1)(a) and (1A) RTA.
- Ms Coombes said she wanted the tenancy to end, but she needed time to find another tenancy. She sought between 4 and 8 weeks for that. The landlord sought a much shorter period for possession to be granted.
- Both parties, each for different reasons, want the same thing, that the tenancy end.
- I have granted a conditional termination order. The tenancy is terminated with possession to pass to the landlord this Friday 22 March 2024. However, I have extended the possession date to 15 April 2024 (the end of the last rent period) on the condition that the tenant pay the rent arrears now due, rent between now and the end of the tenancy when due, and the filing fee.
- If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) RTA.
- The landlord expressed concern about her safety if the tenancy continues. Trespass notices have been issued against the tenant and her partner. Any breaches would constitute criminal offences and would be dealt with by the police. So too would any other retaliation by the tenant or [The Tenant’s partner].
- The landlord sought, and is entitled to, a name suppression order as the application is successful. The tenant is not entitled to name suppression as she has not been successful – see section 95A RTA.