Published tribunal order
Tenancy Tribunal case 4652051 — Rent arrears
Decided 21 Sept 2023 · Published 21 Sept 2023 · Application 4652051
- 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’s name and identifying details.
- Jimi Donovan owes [The landlord/s] $3,318.14 for rent arrears and rent to 9 September 2023 and the $20.44 filing fee.
- Jimi Donovan must pay the arrears by fortnightly payments of $100.00, commencing on 13 September 2023 until the arrears are paid.
- The parties have agreed that Jim may pay his portion of normal rent every fortnight. Currently WINZ pays $414.00 per week and Jim pays $236.00 per week (total $650.00). Jim will pay the weekly rent $236.00 and the weekly $50.00 arrears payment every fortnight beginning on 13 September 2023. The payment on 13 September 2023 will be $572.00. This will be paid every fortnight until the arrears are paid in full and rent is two weeks in advance.
- 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.
- 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. The landlord agrees.
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. Filing Fee
- Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.