Published tribunal order
Tenancy Tribunal case 5247291 — Rent arrears at Unit/Flat Flat 2, 84 Ranolf Street, Victoria, Rotorua 3010
Decided 12 Jun 2025 · Published 12 Jun 2025 · Application 5247291
Mixed / unclear
- Rent arrears
Order
- Katrina Tori Pritchard owes J C Realty Limited $367.00 being $340.00 in rent arrears to Tuesday 17 June 2025 and $27.00 for the application filing fee (“the debt”).
- Katrina Tori Pritchard must pay rent and the debt as follows: a. By weekly payments of $430.00, being $420.00 for rent and $10.00 for the debt. b. Payments will be every Wednesday, with the first payment on 18/06/2025 and continuing until the debt is paid in full.
- 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 Flat 2, 84 Ranolf Street, Victoria, Rotorua 3010 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
- The applicant attended the hearing by phone. The respondent did not answer the phone when called on the number provided.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. They tell me that the respondent has made significant progress in their repayments and that rent arrears are now less than one week. They tell me that they are happy to continue the tenancy if they are provided with the security of a consequential clause.
- Ordinarily a consequential clause would require a conversation with the respondent as section 55(1A) of the RTA requires me to be satisfied that the respondent will not commit a further breach and can sustain the arrangement. I am however satisfied that the steps the respondent has taken as evidenced in the rent summary sufficiently imply an intent to comply going forward. Furthermore, the payments requested by the applicant of $10.00 per week are sufficiently modest that the respondent should be able to comply should they wish to continue this tenancy. I am therefore granting a conditional termination order.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing to Sunday 15 June 2025, I have added a further 2 days rent to the total to reflect the amount that will be owing to Tuesday 17 February 2025 which is the day of likely next payment based on the payment habits evidenced in the rent summary.
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.