Published tribunal order
Tenancy Tribunal case 4868700 — Rent arrears at 3 Wate Way, Springston, Springston 7614
Decided 20 Jun 2024 · Published 20 Jun 2024 · Application 4868700
Mixed / unclear
- Rent arrears
Order
- Nitin Kumar and Yashuman Kalia owes Inspire Property Management Ltd as Agent For Sophie And Justin Monday/Martday Family Trust $391.87 being: . $371.43 rent arrears until 18 June 2024 and the filing fee of $20.44 (“the debt”).
- Nitin Kumar and Yashuman Kalia must pay rent and the debt as follows: a. By one payment of $371.43 to be paid by Thursday 20 June 2024. b. The balance of this week’s rent of $278.57 by Saturday 22 June 2024. c. Payment of weekly rent in advance of $650.00 due on Saturday 22 June 2024 d. and the filing fee.
- 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 3 Wate Way, Springston,7614 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 attended by video conference and the tenants attended by phone.
- The landlord has applied for: a. termination of the tenancy, b. rent arrears and c. 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.
- The tenants assured me that payment had already been made the day before the hearing for the full amount of the current arrears.
- 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.
- The tenant must pay the balance of the current weeks rent ($278.57) in addition to their usual weekly rent that must also be paid, on or before Saturday 22 June 2024 to ensure the tenant meets their ongoing rent obligations.
- The tenant should be on notice that if they fail to pay rent in advance as required by the tenancy agreement they will likely be served with further notice in relation to a breach of their obligations. If further applications are received the Tribunal is unlikely to exercise its discretion not to terminate the tenancy. That would be because of the nature and extent of the breach. Filing fee
- Because Inspire Property Management Ltd as Agent for Sophie and Justin Monday/Martday Family Trust has wholly or substantially succeeded with the claim I must reimburse the filing fee. Suppression
- Neither party applied for suppression of this proceeding therefore no order is made for suppression.