Published tribunal order
Tenancy Tribunal case 4597829 — Rent arrears
Decided 14 Sept 2023 · Published 14 Sept 2023 · Application 4597829
- 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 Landlord’s name and identifying details.
- Sumeet Singh Taunk owes [The landlord/s] $158.62 for water, $791.43 for rent owing as at today and by Friday 28 July 2023 will owe a further $217.14 for rent owing between today and 28 July 2023, in total, the sum of $1167.19 (“the debt”).
- Sumeet Singh Taunk must pay the weekly rent and the debt as follows: a. by 1 payment of $1167.19, for the debt and b. by paying the weekly rent due on 28 July 2023.
- If the tenant fails to pay the rent and the debt 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.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, water bills and rent arrears. The tenant wants to repay the debt to avoid immediate termination. I am satisfied the tenant owes the sums claimed for rent and water.
Should a conditional termination order be made?
- 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. 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. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by failing to comply with a 14 day notice. It would be inequitable to refuse to terminate the tenancy because the landlord says the tenant has been in default throughout the tenancy and the tenant is often late with payments.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The tenant says she has been paid monthly and will be paid this week. She is able to make all payments due this Friday 29 July and understands that if not made, the tenancy will terminate. The tenant agrees to the orders made above.
- The tenant has said she will set up an automatic payment to avoid any non- payment in the future.
- 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.
- Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.