Published tribunal order
Tenancy Tribunal case 4892140 — Rent arrears at Unit/Flat 310, 163 The Terrace, Wellington Central,
Decided 14 Aug 2024 · Published 14 Aug 2024 · Application 4892140
Landlord favoured
- Rent arrears
Order
- Francis Samoa owes Oxygen.Co.Nz Limited As Agent For Grace Andrews James And Grace Andrews $1,020.44 (“the debt”), being rent arrears of $1000.00 as at Wednesday 14 August 2024, and the application filing fee of $20.44.
- Francis Samoa must pay rent and the debt as follows: a. By 10 weekly payments of $500.00, being $400.00 for rent and $100.00 for the debt. b. A final payment of $420.44, being $400.00 for rent and $20.44 for the debt. c. Payments will be every Monday 1 , with the first payment on 19/08/2024 and continuing until 28/10/2024.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee. 1 The tenancy week starts on a Thursday. The landlord has accepted payments on the Monday following the Thursday due date each week. This is to align with the tenant weekly income payment and is for his benefit.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 310, 163 The Terrace, Wellington Central, Wellington 6011, Terrace Heights Apartments 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, conducted via video/teleconference.
- 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.
- Because Oxygen.Co.Nz Limited As Agent For Grace Andrews James And Grace Andrews has wholly succeeded with the claim I must reimburse the filing fee.