Published tribunal order
Tenancy Tribunal case 4909114 — Rent arrears at Unit/Flat 2, 53A Aberfoyle Street, Dinsdale, Hamilton 3204
Decided 1 Jul 2024 · Published 1 Jul 2024 · Application 4909114
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Crystal Karam and Chad Goodwin owes Go Property Rentals Limited As Agent For Mandelay Trust $2,330.44 (“the debt”), being rent arrears of $2,310.00 to Thursday 4 July 2024 and the filing fee of $20.44.
- Crystal Karam and Chad Goodwin must pay rent and the debt as follows: a. By 16 weekly payments of $750.00, being $610.00 for rent and $140.00 for the debt. b. A final payment of $700.44, being $610.00 for rent and $90.44 for the debt. c. Payments will be every Friday, with the first payment on 05/07/2024 and continuing until 25/10/2024.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee. The rent arrears may be paid off sooner as and when the tenants are in a position to do so.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 2, 53A Aberfoyle Street, Dinsdale, Hamilton 3204 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.
- Some prior discussion regarding possible terms had taken place. I acknowledge the preference of the owner for a partial lump sum payment now but, having heard the respective submissions, have instigated a repayment plan linked to rent payments as due.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, or at the date of the hearing after a notice to remedy, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a), 56(2) and (1A) Residential Tenancies Act 1986.
- I am satisfied the tenants will pay the debt within the period specified in the order and are 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 Go Property Rentals Limited as Agent for Mandelay Trust has wholly succeeded with the claim I must reimburse the filing fee.