Published tribunal order
Tenancy Tribunal case 4894101 — Rent arrears at 69 Fletcher Place, Upper Riccarton, Christchurch 8041
Decided 14 Aug 2024 · Published 14 Aug 2024 · Application 4894101
Landlord favoured
- Rent arrears
Order
- James Lay owes Otautahi Community Housing Trust $543.54 (“the debt”) being rent arrears to 14.8.2024 of $523.10 and the filing fee on the application of $20.44.
- James Lay must pay rent and the debt as follows: a. A payment of $543.54 for the debt by Wednesday 4 September 2024; b. A payment of $173.70 for current rent with the next payment due on Thursday 15 August 2024 provided that if the tenant does not pay the amount due on 15 August 2024, he may pay any shortfall by Thursday 22 August 2024; c. A payment of $173.70 for current rent due on Thursday 22 August 2024 and every Thursday thereafter.
- 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 69 Fletcher Place, Upper Riccarton, Christchurch 8041 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 telephone hearing represented by Ms Brewer.
- The Tribunal made two attempts to telephone the tenant for the hearing, but the calls diverted to voicemail. I am satisfied that the tenant received notice of the hearing and did not attend. Therefore, the hearing proceeded in his absence.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. However, the landlord is willing to accept a repayment arrangement 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 have granted a conditional termination order at the request of the landlord.
- 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.