Published tribunal order
Tenancy Tribunal case 4576249 — Rent arrears
Decided 23 Aug 2023 · Published 23 Aug 2023 · Application 4576249
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- Ian Mgregor and Tara Eady owe [The landlord/s] $2,070.44 (“the debt”) being $2,050.00 for rent arrears to Tuesday 11 July 2023 and $20.44 for the filing fee.
- Ian Mgregor and Tara Eady must pay current rent and the debt as follows: a. By weekly payments of $560.00, being $490.00 for current rent and $70.00 for the debt. The first payment is due before 5pm on Wednesday 12 July 2023. Payment of $560.00 must be made before 5pm on Wednesday every following week until the debt is paid.
- Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
- If the tenant fails to pay current rent and rent arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] 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 telephone hearing today.
- 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.
- 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.
- A conditional termination order has been made. The landlord is entitled to the filing fee.