Published tribunal order
Tenancy Tribunal case 4904816 — Rent arrears at 15 Stirling Street, Levin, Levin 5510
Decided 12 Jun 2024 · Published 12 Jun 2024 · Application 4904816
Landlord favoured
- Rent arrears
- Property damage
Order
- Foini (Sally) Seufale and James Ulisese Lauesi owes Seddon Street Property Management Limited As Agent For Lanita Caswill $1,360.44 (“the debt”) being rent arrears of $1,090.00, compensation for the repair of two holes of $250.00 and reimbursement of the filing fee of $20.44.
- Foini (Sally) Seufale and James Ulisese Lauesi must pay rent and the debt by weekly payments of $650.00, being $595.00 for rent and $55.00 for the debt.
- Payments will be allocated in the following order: rent, rent arrears, compensation and the filing fee.
- If the tenant fails to pay rent, rent arrears and compensation within 2 working days of the due dates: a. The tenancy at 15 Stirling Street, Levin, Levin 5510 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.
- The tenant did not attend the hearing.
- The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
- The landlord provided photographic evidence that two holes in walls have been caused during the tenancy. They are not fair wear and tear and the tenant has not denied liability. The amount ordered is proved.
Should a conditional termination order be made?
- 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. On 2 May 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because the landlord obtained a conditional order from the Tribunal on 21 November 2023 and the tenant has failed to adhere to its terms. The tenant has had adequate opportunity to remedy the breach.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence and upon the landlord’s recommendation I am satisfied the tenant will 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.
- 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 Seddon Street Property Management Limited As Agent For Lanita Caswill has wholly succeeded with the claim I must reimburse the filing fee.