Published tribunal order
Tenancy Tribunal case 5039288 — Rent arrears at 14 Heaton Grove, Chatswood, Auckland 0626
Decided 26 Feb 2025 · Published 26 Feb 2025 · Application 5039288
Landlord favoured
- Rent arrears
Order
- Danielle PARATENE and Georgina PARATENE owes Northside Property Management Limited As Agent For Paul & Young Hee Park $1,739.70 (“the debt”), being rent arrears of $1,712.70 to Tuesday 4 March 2025 and the filing fee of $27.00.
- Danielle PARATENE and Georgina PARATENE must pay rent and the debt as follows: a. By weekly payments of $900.00, being current rent. The first payment is due Wednesday 5 March 2025 and every Wednesday thereafter. b. Payment of the debt of $1,739.70 in full, no later than Friday 14 March 2025.
- 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 14 Heaton Grove, Chatswood, Auckland 0626 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
- The landlord attended the hearing, conducted via teleconference. Calls to the tenants went unanswered. I was satisfied adequate service had completed and I continued with the hearing after the second calls also went unanswered.
- 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.
- All other claims of the landlord were withdrawn at the hearing.
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 tenants have breached their obligations by failing to remedy rent arrears. On 16 December 2024 the first hearing was adjourned with confirmation in the adjourning order that rent arrears existed and termination of the tenancy was sought. There is a demonstrable history in the rent summary of ongoing payment issues that is yet to be resolved. It would be inequitable to refuse to terminate the tenancy.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence and submissions of the landlord, I am satisfied the tenant will pay rent and 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.
- This finding is based on the landlord awareness of the tenant’s current engagement with a support agency. The other claims in the application have been resolved or remedy is expected.
- 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 tenants are encouraged to use the engagement with the support agency to address the rent arrears but equally important, ensure a system is put in place to ensure weekly rent is paid as due. Filing fee
- Because Northside Property Management Limited As Agent For Paul & Young Hee Park has wholly succeeded with the claim I must reimburse the filing fee.