Published tribunal order
Tenancy Tribunal case 4652093 — Rent arrears at 9 Sydney Street, Palmerston North, Palmerston North 4414
Decided 6 Sept 2023 · Published 6 Sept 2023 · Application 4652093
- Rent arrears
- 14-day notice
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.
- Aaron Te Peeti, Shane Kimura and Regan Angela Perry owes [The landlord/s] $1,570.44 (“the debt”), being rent arrears of $1550.00 and the application filing fee $20.44.
- Aaron Te Peeti, Shane Kimura and Regan Angela Perry must pay rent and the debt as follows: a. By 31 weekly payments of $690.00, being $640.00 for rent and $50.00 for the debt. b. A final payment of $660.44, being $640.00 for rent and $20.44 for the debt. c. Payments will be every Friday, with the first payment on 08/09/2023 and continuing until 12/04/2024.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 9 Sydney Street, Palmerston North, Palmerston North 4414 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenants fail 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 via teleconference.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want 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 tenants will pay the debt within the period specified in the order and are 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 tenants breach 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. As it has been successful it is appropriate to order this.