Published tribunal order
Tenancy Tribunal case 4599449 — Rent arrears
Decided 25 Aug 2023 · Published 25 Aug 2023 · Application 4599449
- 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 name and identifying details.
- Leisha Te Rina Destiny Ropiha owes [The landlord/s] $2,230.44 (“the debt”) being rent arrears to 13/07/2023 ($2210.00) plus filing fee ($20.44)
- Leisha Te Rina Destiny Ropiha must pay the debt as follows: a. By one payment of $2230.44 by Wednesday 19 July 2023 for the debt.
- If the tenant fails to pay the rent arrears 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
- The applicant landlord attended the hearing which took place by teleconference. The tenant was called on the number provided and the calls went to answerphone.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord advised that the tenant has been in contact with WINZ to arrange a lump sum payment for the arrears and 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.
- 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.
- Because the landlord has wholly succeeded with the claim I must reimburse the filing fee and suppress the landlord details in the order. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.