Published tribunal order
Tenancy Tribunal case 5145348 — Rent arrears at 29 Ota Creek Road, Edendale, RD 3, Edendale 9893
Decided 25 Mar 2025 · Published 25 Mar 2025 · Application 5145348
Landlord favoured
- Rent arrears
Order
- Campbell David Leaf owes Pride Property Management Limited As Agent For Des & Bronwyn Baynes & Ludke $4,027.00 (“the debt”), being rent arrears of $4,000.00 to Thursday 27 March 2025 and the filing fee of $27.00.
- Campbell David Leaf must pay rent and the debt by a payment of $4,527.00, being $500.00 for rent and $4,027.00 for the debt. This payment is due Friday 28 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 29 Ota Creek Road, Edendale, RD 3, Edendale 9893 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.
- By consent, the tenancy, if not ended via the above order, ends 5pm Monday 7 April 2025 terminates and possession returns to the landlord at that time.
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.
- The tenant explained he had been hospitalised due to a car crash. He is still suffering from the injuries. Ending the tenancy for his own needs is desired but he has committed to clearing the debt as ordered. The final date of 7 April 2025 was set to accommodate his exit plan, available to him subject to the conditional terms of this order being satisfied prior.
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 Pride Property Management Limited As Agent For Des & Bronwyn Baynes & Ludke has wholly succeeded with the claim I must reimburse the filing fee.