Published tribunal order
Tenancy Tribunal case 4710171 — Rent arrears
Decided 22 Dec 2023 · Published 22 Dec 2023 · Application 4710171
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes [The landlord/s] $2,490.25 being rent arrears to 22 December 2023 (“the debt”).
- [The tenant/s] must pay the debt in one lump sum by 5 pm 12 January 2024.
- If the tenant fails to pay the 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.
Reasons
- Both parties attended the hearing by telephone.
- The tenant proved unwilling to participate in the hearing and was excluded.
- The landlord has applied for termination of the tenancy and rent.
- The landlord explained that the tenant has a number of issues but the landlord would like to assist the tenant in keeping her tenancy. The landlord advised that the tenant will require WINZ assistance to clear the arrears and reinstate direct payments of the rent. The landlord was willing to assist the tenant in making the necessary arrangements.
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 with the assistance of the landlord 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.
- Having considered the issues facing the tenant and which have contributed to her present predicament, it is appropriate to exercise the discretion in section 95A(4) RTA and order suppression of her name and identifying details.