Published tribunal order
Tenancy Tribunal case 4578769 — Rent arrears
Decided 5 Sept 2023 · Published 5 Sept 2023 · Application 4578769
- Rent arrears
- 14-day notice
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 identifying details.
- [The tenant/s] owes [The landlord/s] $3,953.44 (“the debt”) being rent owed to 18 July 2023 ($3933.00) plus the filing fee ($20.44).
- [The tenant/s] must pay rent and the debt as follows: a. By $4623.00 weekly, being $690.00 for the next week’s rent due on 19 July 2023 and $3933.00 for the debt.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay the rent and rent arrears within 2 working days of the due date: 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.
- 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.
Reasons
- Both parties attended the hearing which took place by teleconference.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
Should the tenancy be terminated?
- Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
- The landlord provided rent records which prove the amount owing today in the sum of $3933.00 this includes the arrears plus the current rent due today for the week in advance.
- Rent is at least 21 days in arrears at the hearing date.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The tenant has explained her employment difficulties that have led to this situation. She explained that she is proactively seeking to resolve her situation and has provided proof that she sought hardship help from Kiwisaver on 23 June 2023 but has not yet received this. She provided proof that she has an appointment with WINZ on Monday 17 July 2023 to seek financial help.
- I am satisfied that with assistance from WINZ 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. Filing fee/Suppression
- Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
- The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Having considered the factors in this case the Tribunal grants suppression of the identifying details.