Published tribunal order
Tenancy Tribunal case 4969133 — Rent arrears at 126 Weraroa Road, Levin, Levin 5510
Decided 19 Sept 2024 · Published 19 Sept 2024 · Application 4969133
Landlord favoured
- Rent arrears
Order
- Manu Salu, Isaako Ulutoa, Taega Tuna, Eli Lafi and Chris Salu owes Seddon Street Property Management Limited As Agent For Geraint Family Trust (Noela And Lise Auden) $1,062.00 (“the debt”) as set out in the table below.
- Manu Salu, Isaako Ulutoa, Taega Tuna, Eli Lafi and Chris Salu must pay the debt in one lump sum no later than 5 pm Friday 20 September 2024.
- 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 126 Weraroa Road, 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. DescriptionLandlord Rent arrears ($440) and rent due today $595$1,035.00 Filing fee reimbursement$27.00 Total award$1,062.00
Reasons
- The landlord attended the hearing by telephone.
- The tenant did not attend the hearing.
- 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.
- The landlord has provided a rent summary showing that the rent was more than 21 days in arrears at the date of filing its application.
- At today’s date, the rent is $440.00 in arrears and a week’s rent is due today.
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.
- The landlord advise that the tenant has promised to pay the arrears tomorrow, Friday.
- I am satisfied the tenant will pay the debt within the period specified in the order and is 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 Seddon Street Property Management Limited As Agent For Geraint Family Trust (Noela And Lise Auden) has wholly succeeded with the claim I must reimburse the filing fee.