Published tribunal order
Tenancy Tribunal case 4643141 — Rent arrears at 3 Stubbs Lane, Carterton, Carterton 5713
Decided 17 Oct 2023 · Published 17 Oct 2023 · Application 4643141
- 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.
- Jeana Marie Ronaki Kissling and Tiara Bennett owes [The landlord/s] $920.44 (“the debt”), being rent arrears of $900.00 1 and the application filing fee of $20.44.
- Jeana Marie Ronaki Kissling and Tiara Bennett must pay rent and the debt as follows: a. By paying $650.00 on Thursday 19 October 2023, being current rent as due. Thereafter: b. By weekly payments of $750.00, being $650.00 for rent and $100.00 for the debt. Payments will be every Thursday, with the first payment on 26/10/2023 and continuing until the debt is paid.
- 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: 1 The tenant stated a further payment of $400.00 was recently made but it is not yet to be received by the landlord. If received, the rent arrears reduces accordingly. a. The tenancy at 3 Stubbs Lane, Carterton, Carterton 5713 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, conducted 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. 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. Application filing fee
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
- Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- The landlord requested suppression and as it has been wholly successful this is ordered. Other matters
- The tenant raised other issues regarding this tenancy and its operation. As advised at the hearing, these should be confirmed and, if no mutual agreement on resolution can be reached between the parties, form an application to the Tribunal.