Published tribunal order
Tenancy Tribunal case 4752144 — Rent arrears
Decided 21 Feb 2024 · Published 21 Feb 2024 · Application 4752144
- Rent arrears
Party names are redacted in the official published order.
Order
- Camille-Claudel Nortje owes [The landlord/s] $4,031.96 (“the debt”) being rent arrears to 21 February 2024 of $3,750.00, water rates of $261.52 and reimbursement of the filing fee of $20.44.
- Camille-Claudel Nortje must pay the rent and the debt by weekly payments of $1,550.00 being $1,250.00 towards current rent and $300.00 towards repayment of the debt, commencing tomorrow Thursday 22 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 [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 by telephone.
- 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 of the hearing, the landlord’s application is to be considered under section 55(1) RTA. See section 56(2) RTA.
- 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.
- 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 applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.