Published tribunal order
Tenancy Tribunal case 4938753 — Rent arrears at 21 Brodie Street, Ilam, Christchurch 8041
Decided 12 Aug 2024 · Published 12 Aug 2024 · Application 4938753
Landlord favoured
- Rent arrears
Order
- Gavin Williamson owes Gold Property Management Limited T/A Harcourts As Agent For Casey Family Trust $7,354.29 (“the debt”).
- Gavin Williamson must pay the debt by one payment of $7,354.29 by no later than 1 pm on Friday 16 August 2024.
- Payments will be allocated in the following order: rent arrears and the bond .
- If the tenant fails to pay the debt within 2 working days of the due date: a. The tenancy at 21 Brodie Street, Ilam, Christchurch 8041 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended this video hearing.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
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 failing to pay rent on time and failing to pay the bond. On 26 June 2024 and 9 July 2024 the landlord served 14-day notices on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the amounts remain unpaid.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence 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.
- The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this matter and the application is dismissed.