Published tribunal order
Tenancy Tribunal case 4633470 — Rent arrears
Decided 14 Sept 2023 · Published 14 Sept 2023 · Application 4633470
- 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 Tenant and Landlord name and identifying details.
- [The tenant/s] owes [The landlord/s] $1,000.70 (“the debt”) being rent arrears of $980.26 owed for the rent period ending Tuesday 12 September 2023 and the filing fee on the application of $20.44.
- [The tenant/s] must pay rent and the debt as follows: a. By 10 weekly payments of $680.00, being $580.00 for rent and $100.00 for the debt. b. A final payment of $580.70, being $580.00 for rent and $0.70 for the debt. c. Payments will be every Thursday, with the first payment on 14/09/2023 and continuing until 23/11/2023.
- 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 by teleconference.
- The landlord has applied for a conditional termination order of the tenancy, rent arrears and the filing fee on the application to formalise a repayment arrangement proposed by the tenant, which has been in place since July 2023. The landlord wants to ensure that should the tenant default with the repayment arrangement, the tenancy will terminate.
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.
- The orders are essentially by consent to formalise an arrangement made by the tenant to repay the debt, which the tenant has adhered to for the last 2 months. In the circumstances, I consider that it is not in the public interest to publish the tenant’s name and identifying details. The landlord also seeks suppression of their identifying details. Suppression orders in favour of both parties are made accordingly. The landlord is also entitled to the filing fee on the application.