Published tribunal order
Tenancy Tribunal case 5158146 — Rent arrears at 12A Tamarisk Place, Parklands, Christchurch 8083
Decided 3 Apr 2025 · Published 3 Apr 2025 · Application 5158146
Landlord favoured
- Rent arrears
Order
- Aimee Whinwray-Metuatini owes Irelands Real Estate Limited $2,931.29 (“the debt”) being $2,904.29 for rent arrears for the week ending Friday 4 April 2025 and $27.00 for the filing fee on the application.
- Aimee Whinwray-Metuatini must pay rent and the debt as follows: a. By weekly payments of $500.00, being $440.00 for rent and $60.00 for the debt with the first payment on Friday 4 April 2025 and continuing every Friday until the debt is paid. b. By monthly payments of $400 for the debt to be paid by the 28 th day of each month, with the first payment on 28 April 2025 and continuing monthly thereafter 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 12A Tamarisk Place, Parklands, Christchurch 8083 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.
- 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.