Published tribunal order
Tenancy Tribunal case 4649249 — Rent arrears
Decided 4 Oct 2023 · Published 4 Oct 2023 · Application 4649249
- 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’s name and identifying details.
- [The tenant/s] owes Seddon Street Property Management Limited As Agent For Vignesh Narayanan & Ramya Karunakaran $2,510.44 (“the debt”) being rent arrears to 24 September 2023 of $2,490.00 and reimbursement of the filing fee of $20.44.
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $895.00, being $790.00 for rent and $105.00 for the debt. b. Payments will be every Monday with the first payment on 25/09/2023 and continuing until .
- 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 telephone.
- 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.
- The tenant has previously agreed with the landlord to have the payment of $500.00 paid directly from ACC to the landlord’s bank account. The tenant reiterated this wish at the hearing.
- The tenant advised that she is currently suffering from concussion and that she finds it difficult to deal with her finances and technology.
- The landlord has made a number of applications to the Tribunal in order to sort out the rent arrears. Despite the parties coming to agreement and despite the willingness of the tenant to have ACC pay her rent directly, ACC has not agreed to make the payments.
- This is causing significant distress to the tenant and work to the landlord. It is to be hoped that on receiving a copy of this Order ACC can find a way to make the required payments directly to the landlord. Such an arrangement can only assist her in her recovery by removing a significant source of stress. Filing fee
- Because Seddon Street Property Management Limited As Agent For Vignesh Narayanan & Ramya Karunakaran has wholly succeeded with the claim, I must reimburse the filing fee. Suppression
- The tenant has provided personal information that has persuaded the Tribunal that name suppression for her personal safety is required.