Published tribunal order
Tenancy Tribunal case 4859962 — Rent arrears at Unit/Flat 2, 76 McAnnalley Street, Manurewa East,
Decided 2 Jul 2024 · Published 2 Jul 2024 · Application 4859962
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Clarisse Ng Lam and Christopher Uhrle owes Barfoot & Thompson Limited As Agent For Sean Goodwin $1,098.00 (“the debt”) being rent arrears of $650.00, water rates of $427.56 and a refund of the filing fee of $20.44.
- Clarisse Ng Lam and Christopher Uhrle must pay the debt in one lump sum no later than 5 pm Tuesday 9 July 2024 and must continue paying the rent on the due dates being each Wednesday.
- Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
- If the tenant fails to pay rent, rent arrears and water rates within 2 working days of the due dates: a. The tenancy at Unit/Flat 2, 76 McAnnalley Street, Manurewa East, Auckland 2102 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
- The landlord attended the hearing by telephone.
- The tenant was telephoned a total of three times on two telephone numbers. Two messages were left.
- The landlord has applied for termination of the tenancy, rent arrears, payment of water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
Should the tenancy be terminated?
- 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. 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. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by falling into rent arrears and not paying water rates. The landlord has served a number of 14-day notices on the tenant for these breaches. The tenant has caught up with the rent arrears but is not paying the rent a week in advance as required under the tenancy agreement.
- The tenant has not paid the outstanding water rates despite receiving 14 day notices from the landlord.
- It would be inequitable to refuse to terminate the tenancy because the tenant has had several opportunities to pay the arrears over a period of some months, but has failed to do so. In addition, the tenant has failed to participate in mediation so that this Tribunal hearing and subsequent order against them were avoided.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant should have a final opportunity to 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.
- In order to avoid termination of the tenancy, the tenant needs to pay $1,098.00 by 5 pm Tuesday 9 July 2024.
- The tenant should note that having made a conditional order today, it is unlikely that the Tribunal will make a further conditional order if the tenant continues to fall into arrears of rent or water rates. The tenant is urged to keep in communication with the landlord should they experience difficulties in the future so that they can avoid a further application to the Tribunal for arrears.
- 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 Limited As Agent For Sean Goodwin has wholly succeeded with the claim I must reimburse the filing fee.