Published tribunal order
Tenancy Tribunal case 4830577 — Rent arrears
Decided 8 Apr 2024 · Published 8 Apr 2024 · Application 4830577
- 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 name and identifying details.
- The tenancy of Irene Ilaua and Mohe Fa at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 3:00pm on Thursday 18 April 2024. This is the final termination date.
- Irene Ilaua and Mohe Fa owes [The landlord/s] $720.44 (“the debt”).
- Irene Ilaua and Mohe Fa must pay rent and the debt as follows: a. By 1 payment of $700.00 for weekly rent by 5:00pm on Friday 5 April 2024, and b. One (1) payment of $700.00 for weekly rent by 5:00pm on Friday 12 April 2024, and c. A final payment of $720.44 for the debt by 5:00pm on Friday 19 April 2024.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay the payments in order 4 above within 1 working day of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate immediately and the landlord will have immediate possession of the premises, and b. The balance of the debt will be payable immediately.
Reasons
- The landlord’s representative attended the video hearing today.
- Neither of the tenants attended and both of their phones were switched to voicemail when I tried to telephone them.
- The Tribunal can continue a hearing in the absence of a party. I did continue because at least one of the tenants is aware of today’s hearing (they telephoned the Tribunal earlier today) and both have been emailed notice of the hearing date and time.
Should the tenancy be terminated?
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations to pay rent on time and one week in advance.
- The law states that the Tribunal may terminate a tenancy for a rent breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
- 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.
- The tenant has breached their obligations by failing to pay rent when it was due on eight occasions since the tenancy started on 15 December 2023.
- The landlord served a 14-day notice on the tenant on 4 March 2024, and the tenant did not remedy the breach within the required period. The amount owing was due by 18 March 2024 and was not paid by this date.
- It would be inequitable to refuse to terminate the tenancy because:- a. The tenancy has been going for 16 weeks and the rent has been late or not paid on 8 of those weeks; b. The 14-day notice was not complied with; c. The rent has been paid up to date in the past by lump-sum payments but has then fallen behind again within a short time; d. The landlord cannot meet their own financial obligations when rent is not paid on time.
- I have set a final termination date of 18 April 2024.
- The tenancy can continue until the final termination date only if the tenant pays the weekly rent of $700.00 due on Friday 5 April and Friday 12 April 2024.
- If the tenant does not pay the weekly rent due within 1 working day of the above dates, then the tenancy will not continue until 18 April 2024 and will terminate immediately.
- The landlord can apply to the District Court for a bailiff to assist with eviction if any of the payment dates are more than 1 working day late. Payment of rent arrears
- The landlord has supplied a rent ledger which proves that $700.00 is owing as at today. I award this amount and the filing fee.
- The landlord is entitled to suppression of its name from the published order, as applied for.