Published tribunal order
Tenancy Tribunal case 4643133 — Rent arrears
Decided 22 Aug 2023 · Published 22 Aug 2023 · Application 4643133
- 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.
- Samuel David Douglas owes [The landlord/s] $5,095.44 (“the debt”), being rent arrears of $5,075 as at 24 August 2023 and the filing fee of $20.44.
- Samuel David Douglas must pay rent and the debt as follows: a. A payment of $725.00 for current rent (for the period 25/8/2023 to 31/8/2023) to be made by Friday 25 August 2023; b. Payment in full of $5,075.00 for the debt to be made by Monday 28 August 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 termination of the tenancy, rent arrears and refund of the bond. The tenant 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. He has explained that he was made redundant and is in the process of obtaining assistance from WINZ so that he can pay off the arrears and continue to pay current rent. 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.
- As the landlord has largely succeeded with the application, they are entitled to suppression of their name and identifying details as requested, and to reimbursement of the filing fee.