Published tribunal order
Tenancy Tribunal case 4855562 — Rent arrears at 39 Ihaia Road, Opunake, Opunake 4616
Decided 27 May 2024 · Published 27 May 2024 · Application 4855562
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Benjamin Lee Hall owes Mills Gibbon & Co Ltd T/A First National Collective $1,348.57 in unpaid rent to 27 May 2024 (“the debt”).
- Benjamin Lee Hall must pay rent and the debt as follows: a. By 13 weekly payments of $540.00, being $440.00 for rent and $100.00 for the debt. b. A final payment of $488.57, being $440.00 for rent and $48.57 for the debt. c. Payments will be every Monday, with the first payment on 27/05/2024 and continuing until the debt is repaid.
- 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 39 Ihaia Road, Opunake, Opunake 4616 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?
- 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.