Published tribunal order
Tenancy Tribunal case 4592751 — Rent arrears
Decided 1 Sept 2023 · Published 1 Sept 2023 · Application 4592751
- 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 Tenant and Landlord’s name and identifying details.
- [The tenant/s] owes [The landlord/s] $1,248.00 (“the debt”) as at 15 July 2023.
- [The tenant/s] must pay rent and the debt as follows: a. One payment of $590.00 for the debt on 12 July 2023. b. One payment of $400.00 for the debt on Friday 14 July 2023 on top of the weekly rent. c. One final payment of the debt of $258.00 on Friday 21 July 2023 on top of the weekly rent.
- 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: d. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing which was held by telephone. [The landlord’s representative] as agent for the landlord and the tenant.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
- Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
- The tenant has breached their obligations by falling into rent arrears.
- The landlord served a 14-day notice on the tenant on 22 May 2023 and the tenant did not remedy the breach within the required period.
- The landlord has confirmed the rent arrears owing as at 15 July 2023 will be $1,248.00. The tenant confirmed she made a payment today of $590.00 towards the arrears.
- It would be inequitable to refuse to terminate the tenancy because the tenant has made a payment plan with the agent for the rent arrears to be paid as noted in the order.
- The tenant explained she wanted to keep her tenancy and due to her work schedule not being consistent fell into rent arrears. The tenant has been in this property for 6 years and wants to remain.
- Because the tenant was not 21 days in arrears when the application was filed, there was no scope to order a conditional termination order. However, the tenant is reminded of her obligation to pay her rent on time.
- The landlord is seeking suppression of identifying details in any publication of this order.
- If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.
- The landlord has been substantially successful in these proceedings. This is an ongoing long-term tenancy.
- Having considered the factors in this case the Tribunal grants suppression of the tenant, landlord and identifying details as sought.