Published tribunal order
Tenancy Tribunal case 5002589 — Rent arrears at 112 Postman Road, Dairy Flat, RD 4, Dairy Flat 0794
Decided 31 Oct 2024 · Published 31 Oct 2024 · Application 5002589
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Te Aka Matua Herenga Charitable Trust Matilda Rawinia Kahotea owes Wiki Property Management Ltd As Agent For Tnz Home Limited $7854.00 for rent up to and including the 5 th November 2024. (“the debt”).
- Te Aka Matua Herenga Charitable Trust Matilda Rawinia Kahotea must pay rent and the debt as follows: a. By one payment of $7854.00, being the total amount of outstanding rent together with the weekly rent payment for the period ending Tuesday 5 th November. This iwill bring the rent up to date. b. Rent payments will be made every Tuesday for $1800.00 , with the first payment on 12 th November 2004 and continuing until the end of the tenancy.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 112 Postman Road, Dairy Flat, RD 4, Dairy Flat 0794 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 via 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.
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 parties have agreed that the payment of rent and outstanding debt will be met on the 5 th of November 2004 and that the weekly rent payments due on every Tuesday thereafter will be met. 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.