Published tribunal order
Tenancy Tribunal case 5097848 — Rent arrears at 64 Wellington Road, Wainuiomata, Lower Hutt 5014
Decided 19 Mar 2025 · Published 19 Mar 2025 · Application 5097848
Landlord favoured
- Rent arrears
Order
- Jakani Witinitara and Darrin Morris owe Capital Legacy Rentals Limited $977.00 for rent arrears to 18 March 2025 and the filing fee (“the debt”).
- Jakani Witinitara and Darrin Morris must pay rent and the debt as follows: a. Pay their weekly rent of $750.00 every Saturday (including this coming Saturday 22 March 2025). b. Pay the $977.00 debt by no later than Saturday 29 March 2025. c. This order shall continue in force until Saturday 26 July 2025.
- If the tenants fail to pay rent or the debt within 2 working days of the due dates: a. The tenancy at 64 Wellington Road, Wainuiomata, Lower Hutt 5014 will terminate and the landlord will be entitled to immediate possession of the premises. b. The balance of the debt and any rent arrears will be payable immediately.
Reasons
- The hearing was conducted on Microsoft Teams.
- Roger Whioke attended the hearing for the landlord.
- The tenants did not attend. The hearing proceeded in the tenants’ absence.
- The landlord has applied for termination of the tenancy, rent arrears, and reimbursement of the filing fee.
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 by virtue of s 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The landlord could insist on termination but is prepared to give the tenants a final chance to pay their rent on time. The tenants are in arrears in the amount of $628.57 and also three days behind paying their rent in advance (assuming they paid their weekly rent this Saturday).
- The landlord is satisfied with a conditional order that requires the tenants to pay the rent arrears and rent-in-advance deficit by next Saturday and weekly rent for the next four months on time on pain of termination.
- That is not to say the tenants may go into arrears again after the elapse of four months with impunity. By then, the imperative to pay the weekly rent should be an entrenched practice and the landlord will not have to return to the Tribunal again.
- If the landlord does have to return to the Tribunal for further orders, this order should be supplied to the next adjudicator for their consideration. Filing fee
- The tenants must reimburse the landlord for the filing fee. Termination of order
- The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order may be enforced for 90 days from the first breach pursuant to s 64(4)(b) of the Residential Tenancies Act 1986.