Published tribunal order
Tenancy Tribunal case 4693709 — Rent arrears
Decided 9 Nov 2023 · Published 9 Nov 2023 · Application 4693709
- 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’s name and identifying details.
- Enoka Love owes [The landlord/s] $2971.42 (“the debt”), being rent arrears owing as at 8 November 2023.
- Enoka Love must pay the debt and rent as follows: (a) by one lump sum payment of $2,971.42 on or before 5:00 PM 10 November 2023, (b) by fortnightly payments of $900 of rent on the dates that rent falls due.
- If the tenant fails to pay rent and debt 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.
- Enoka Love must pay [The landlord/s] $20.44 being the filing fee.
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.
- Rent recovery by the landlord against the tenant was the subject of a prior hearing which was settled between the parties and recorded as a mediated order for conditional termination. On that occasion, the arrears were over $3000.
- Since then, the tenant has fallen behind again due to losing employment as a result of health issues and delays and obtaining a benefit to cover rent. He is heavily motivated to remain in the tenancy as he has family who reside there as well. His evidence was that his WINZ case manager has said WINZ will meet the outstanding rent payment on receipt of advice of the amount of the arrears. He is confident the arrears can be paid by this Friday. The landlord confirms that the WINZ manager has been in contact with them.
- The landlord wants an order for termination. The landlord has already been through this process once and is not confident that the rent will not once again fall into arrears.
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 that rent is currently owing of $2971.42.
- By a narrow margin, 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 accept the evidence of the tenant that WINZ will meet the arrears I have granted a conditional termination order. The tenant should treat this as a last chance going forwards and should ensure that all rent payments are properly made.
- 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 landlord has applied for rent arrears and has provided rent records which prove the amount owing.
- Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.