Published tribunal order
Tenancy Tribunal case 5192973 — Rent arrears at Unit/Flat 2, 191 Holborn Drive, Stokes Valley, Lower Hutt
Decided 8 May 2025 · Published 8 May 2025 · Application 5192973
Landlord favoured
- Rent arrears
Order
- Susan Russell, Samuel Russell and James Russell owes Rentcare Property Management Limited $3,477.00 (“the debt”) being rent arrears to 8 May 2025 of $3,450.00 and the filing fee of $27.00.
- Susan Russell, Samuel Russell and James Russell must pay rent and the debt as follows: a. By 69 weekly payments of $775.00, being $725.00 for rent and $50.00 for the debt. b. A final payment of $752.00, being $725.00 for rent and $27.00 for the debt. c. Payments will be every Friday, with the first payment on 09/05/2025 and continuing until 04/09/2026.
- 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 Unit/Flat 2, 191 Holborn Drive, Stokes Valley, Lower Hutt 5019 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
- Only the landlord attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord is prepared to allow the tenant 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 have granted a conditional termination order as requested by the landlord.
- 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.