Published tribunal order
Tenancy Tribunal case 4855449 — Rent arrears at Unit/Flat 3A, 87 Taikata Road, Te Atatu Peninsula,
Decided 14 May 2024 · Published 14 May 2024 · Application 4855449
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Mark Trehy owes Barfoot & Thompson Property Limited Acting Agent For Zygis Family Trust $780.44 (“the debt”), being rent arrears of $760.00 to Friday 17 May 2024 and the filing fee of $20.44.
- Mark Trehy must pay rent and the debt as follows: a. By 7 weekly payments of $545.00, being $445.00 for rent and $100.00 for the debt. b. A final payment of $525.44, being $445.00 for rent and $80.44 for the debt. c. Payments will be every Saturday, with the first payment on 18/05/2024 and continuing until 06/07/2024.
- 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 tenancy at Unit/Flat 3A, 87 Taikata Road, Te Atatu Peninsula, Auckland 0610 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?
- 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.
- The tenant breached their obligations by failing to pay rent on time, three notices have been correctly served per s 55(1)(aa) Residential Tenancies Act 1986 and termination is a consequence.
- Despite my finding, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986. The landlord supported the conditional terms as ordered. The tenant is aware of the consequences during the conditional period if payments are not made as ordered.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- Because Barfoot & Thompson Property Limited Acting Agent For Zygis Family Trust, has wholly succeeded with the claim I must reimburse the filing fee.