Published tribunal order
Tenancy Tribunal case 4740852 — Rent arrears at 8 Ellis Street, Alexandra, Alexandra 9320
Decided 19 Jan 2024 · Published 19 Jan 2024 · Application 4740852
- Rent arrears
Party names are redacted in the official published order.
Order
- Susanna Gillies owes [The landlord/s] $7,720.44 (“the debt”), being rent arrears of $7,700.00 as at Wednesday 17 January 2024 and the application filing fee of $20.44.
- Susanna Gillies must pay rent and the debt as follows: a. By weekly payments of $4,450.00, being $550.00 for rent. Payments will be every Thursday, with the first payment due today for the rent week that commenced 18 January 2024, and then every Thursday thereafter until the debt is paid. b. A payment of $4,370.44, being the debt, to be paid in full no later than Friday 9 February 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 8 Ellis Street, Alexandra, Alexandra 9320 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, conducted via teleconference after neither party joined the video hearing. The landlord was experiencing a power outage at the time and was therefore unable to join via video.
- 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.
- She is attempting to access funds on hardship grounds. She expects to be successful, and this will enable her to clear the debt. She reported an improvement in financial circumstances that also means rent will now be paid weekly as due.
- 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.
- At the hearing the rent arrears total of $7,778.57 was discussed. That total included one day of this rent week. The adjusted total ordered here backdates to the start of the rent week for ease of compliance. 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 in its application. As it has been wholly successful, suppression is ordered.