Published tribunal order
Tenancy Tribunal case 4885681 — Rent arrears
Decided 27 Jun 2024 · Published 27 Jun 2024 · Application 4885681
- Rent arrears
Party names are redacted in the official published order.
Order
- Cherie Jackie Okinga and Charntz Okinga owes [The landlord/s] $1,890.95 (“the debt”), comprising rent arrears up to and including 3 July 2024 of $1,870.51 plus the filing fee of $20.44.
- Cherie Jackie Okinga and Charntz Okinga must pay rent and the debt as follows: a. By weekly payments of $740.00for rent commencing 4 July 2024. b. Full payment of $1,890.95 for the debt by 31 July 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 [Tenancy address suppressed] 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, which was conducted remotely.
- 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, and the landlord agrees to that.
- 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. At the time the application was filed, the rent was at least 21 days in arrears, totalling $2,489.08, but by today, the debt had been reduced to $1,236.23.
- The tenant, Cherie Okinga, has arranged a redirection order from WINZ commencing 4 July 2024. There is a further rent payment due on Sunday 30 June. The landlord advised by 3 July, the tenant will owe $1,870.51. The tenant believes she will be able to pay the outstanding arrears either with the help of WINZ or family. The landlord has agreed to allow her until 31 July 2024 to clear the debt.
- 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. With the agreement of the landlord, 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.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.