Published tribunal order
Tenancy Tribunal case 4998134 — Rent arrears at 9A Gordonton Road, Chartwell, RD 1, Hamilton 3281
Decided 25 Oct 2024 · Published 25 Oct 2024 · Application 4998134
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Fiona Paynter owes William Finlay and Carolyn Yates as trustees for The Finlay-Yates Trust $600.00 for rent in advance and $2,400.00 for the bond and $27.00 for the filing fee, a total of $3,027.00 (the debt).
- Fiona Paynter must pay rent and the debt as follows: a. By weekly payments of $700.00, being $600.00 for usual rent and $100.00 for the debt. b. Payments will be every Saturday with the first payment on 2 November 2024 and continuing weekly until the debt is paid in full.
- Payments will be allocated in the following order: rent, rent in advance, the bond and the filing fee.
- If the tenant fails to pay rent of $600.00 and/or the debt payment of $100.00 within 2 working days of the due dates: a. The tenancy at 9A Gordonton Road, Chartwell, RD 1, Hamilton 3281 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 which I held by phone today. Ms Yates represented the landlord.
- The landlord has applied for termination of the tenancy, rent arrears, the bond, and the filing fee. 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 her obligations by failing to pay rent when due. On 15 September 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.
- In addition, the landlord has served 3 notices for recidivist rent arrears and is entitled to terminate the tenancy on that ground as well.
- Recently, the landlord has received the bond of $1,800.00 and a further payment from the tenant. The only outstanding rent due today is the 1 week’s rent in advance the tenant owes.
- The bond was stated in the tenancy agreement to be $2,400.00. The tenant only ever paid $1,800.00 for bond.
- The tenant now owes bond of $2,400.00. Together with the rent in advance and the filing fee, the tenant owes a debt of $3,027.00.
- 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 landlord has queried whether, in the event of a breach, it can have an order to seize goods for any unpaid rent or bond.
- That is not an order the Tribunal can make. If the tenant breaches the order and there is still an amount of the debt outstanding, the landlord can enforce this order and will have statutory remedies available.
- The tenant said she hoped to receive a lump sum from Inland Revenue soon. This order provides for the minimum payments she must make. She can make additional payments at any time.