Published tribunal order
Tenancy Tribunal case 4940213 — Rent arrears at 15 Butler Road, Kerikeri, Kerikeri 0230
Decided 15 Aug 2024 · Published 15 Aug 2024 · Application 4940213
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Jahna Manuel owes Northland Circle Real Estate Limited trading as Ray White as agent for Far North District Council $387.00 as calculated in the table below (“the debt”).
- Jahna Manuel must pay rent and the debt as follows: a. By 12 weekly payments of $390.00, being $360.00 for rent and $30.00 for the debt. b. A final payment of $387.00, being $360.00 for rent and $27.00 for the debt. c. Payments will be every Thursday, with the first payment on 22/08/2024 and continuing until 14/11/2024.
- Payments will be allocated in the following order: rent and the debt.
- If the tenant fails to pay rent and the debt within 2 working days of the due dates: a. The tenancy at 15 Butler Road, Kerikeri, Kerikeri 0230 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately. DescriptionLandlord Unpaid rent in advance $360.00 Filing fee reimbursement$27.00 Total amount$387.00
Reasons
- The hearing was conducted on Microsoft Teams.
- Nancy Loane attended the hearing for the landlord by video link.
- The tenant did not attend. The Tribunal telephoned her, but she did not answer. The hearing proceeded in her absence.
- The landlord applies for conditional termination of the tenancy, reimbursement of the filing fee and payment of unpaid rent in advance by instalments.
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 pursuant to s 55(1)(a) and (1A) of the Residential Tenancies Act 1986.
- Rent was at least 21 days in arrears when the application for termination was filed. The landlord’s request for conditional termination is granted.
- Since the landlord filed its application, the tenant has paid the rent arrears. However, the tenant still owes the landlord $360.00 for unpaid rent in advance. The conditional order will be based on the outstanding rent in advance.
- The tenant must reimburse the landlord for the filing fee. That is added to the rent in advance owing.
- 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.