Published tribunal order
Tenancy Tribunal case 5270741 — Rent arrears at 62 Matipo Street, Castlecliff, Whanganui 4501
Decided 10 Jun 2025 · Published 10 Jun 2025 · Application 5270741
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Laisiana Bulivou and Kitione Koroi owes Inspire Real Estate Limited - As Agent For Ngdwe Trust $3,000.00 for rent arrears to 22 May 2025 (“the debt”).
- Laisiana Bulivou and Kitione Koroi must pay rent and the debt as follows: a. By 2 weekly payments of $1,000.00, being $460.00 for rent and $540.00 for the debt. b. A final payment of $540.00, being $460.00 for rent and $80.00 for the debt. c. Payments will be every Thursday, with the first payment on 12/06/2025 and continuing until 26/06/2025.
- Payments will be allocated in the following order: rent and rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 62 Matipo Street, Castlecliff, Whanganui 4501 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The Bond Centre is to pay the bond of $1,840.00 (3113644-009) to Inspire Real Estate Limited - As Agent For Ngdwe Trust immediately upon termination of tenancy. The landlord will forward a bond refund form and this order to the Bond Centre accordingly.
Reasons
- All parties were properly served but only the Applicant attended the hearing.
- The landlord has applied for conditional termination of the tenancy, rent arrears and refund of the bond upon termination. The tenant apparently 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.
- Based on the discussions I was advised that the agent has had with the tenant, 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.