Published tribunal order
Tenancy Tribunal case 5101788 — Rent arrears at 199 Queen Victoria Street, Motueka, Motueka 7120
Decided 5 Mar 2025 · Published 5 Mar 2025 · Application 5101788
Landlord favoured
- Rent arrears
Order
- Daniel Sutherland owes Weingut Seifried Limited $777.00 (“the debt”), being rent arrears of $750.00 to today, 5 March 2025 and the filing fee of $27.00.
- Daniel Sutherland must pay rent and the debt as follows: a. By paying current rent of $550.00 on Thursday 6 March 2025 as due, and b. Thereafter weekly payments of $650.00, being $550.00 for rent and $100.00 for the debt. These payments are due from Thursday 13 March 2025 and continuing every Thursday until the debt is paid.
- 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 199 Queen Victoria Street, Motueka, Motueka 7120 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, conducted 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.
- 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. Filing fee
- Because Weingut Seifried Limited has wholly succeeded with the claim I must reimburse the filing fee.