Published tribunal order
Tenancy Tribunal case 4694514 — Rent arrears
Decided 5 Dec 2023 · Published 5 Dec 2023 · Application 4694514
- 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.
- Itikura Nelio Henry owes [The landlord/s] $1,970.44 (“the debt”). This debt includes the rent payment due today, that has not been paid.
- Itikura Nelio Henry must pay the weekly rent when it falls due and the debt as follows: a. By 19 weekly payments of $750.00, being $650.00 for rent and $100.00 for the debt. b. A final payment of $720.44, being $650.00 for rent and $70.44 for the debt. c. Payments will be every Friday, with the first payment on 08/12/2023 and continuing until 19/04/2024.
- 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.
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. I note that the landlord and the tenant both agree to the 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 Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has applied for name suppression. Because the landlord has been substantially successful name suppression is granted.
- Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.