Published tribunal order
Tenancy Tribunal case 4666385 — Rent arrears
Decided 20 Oct 2023 · Published 20 Oct 2023 · Application 4666385
- 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.
- Daniel Maiala Seluini and Hepisipa Atelaite Seluini owes [The landlord/s] $4,860.44 (“the debt”) being rent owed to Thursday 19 October 2023 ($4840.00) and filing fee ($20.44).
- Daniel Maiala Seluini and Hepisipa Atelaite Seluini must pay rent and the debt as follows: a. By 0 payment of $3000.00 on Friday 20 October 2023 being $2270.00 towards the debt and $730.00 for weekly rent due. b. Weekly payments of $0.00, on Friday 27 October 2023, Friday 3 November 2023, Friday 10 November 2023 and Friday 17 November 2023 being weekly rent due. c. A final payment of $4,860.44 on Monday 20 November 2023 for the balance of the debt.
- 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 which took place by teleconference. [The landlord’s representative] attended the hearing for the agent [the landlord/s]. Daniel Seluini attended the hearing with authority to speak for both tenants.
- 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.
- The landlord has provided rent records which prove the amount owing.
- The tenant explained the reasons for the rent arrears accruing was due costs associated with his mother’s health. He set out a plan to repay the arrears by way of two lump sum payments on 20 October 2023 and 20 November 2023 with the weekly rent continuing to be paid each Friday in between. He stated that the rent will not get into arrears again as he has started a landscaping business in addition to his work which will pick up now the summer months are coming.
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further rent arrears breach if they keep to the payment arrangement proposed. 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.
- Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee and suppressed the landlord details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.