Published tribunal order
Tenancy Tribunal case 4633029 — Rent arrears
Decided 28 Aug 2023 · Published 28 Aug 2023 · Application 4633029
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the Tenant’s name and identifying details.
- [The tenant/s] owes Goodwin Realty Limited As Agent For Jeph And Kaaren Mathias $2,320.32 (“the debt”). This debt is rent arrears to 21 August 2023 ($2,299.88) and the filing fee ($20.44).
- [The tenant/s] must pay rent and the debt as follows: a. By 7 weekly payments of $760, being $660.00 for rent and $100.00 for the debt. b. A final payment of $2,280.32, being $660.00 for rent and $1,599.88 for the debt and $20.44 for the filing fee. c. Payments will be every Tuesday, with the first payment on 22 August 2023 and continuing until the last payment on 10 October 2023.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay 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 hearing which took place by telephone. The tenant had to leave before the hearing had concluded but had opportunity to address the Tribunal.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
- The landlord now wants to provide the tenant an opportunity to repay the debt to avoid 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 (RTA). I am satisfied the rent was at least 21 days in arrears on the date the application was filed.
- 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 therefore granted a conditional termination order.
- The tenant said he would start by paying the debt off by adding $100 to his rent each week. He would then be able to pay the remainder towards the end of September. The landlord was willing to give the tenant some additional time to ensure compliance.
- 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.
- I have granted the tenant name suppression on the Tribunal’s own initiative (s95A(4), RTA). The tenant is making efforts to repay the debt and this order could have been made in a private mediation. It was instead expedient to consider it at the scheduled hearing. The landlord did not want name suppression.