Published tribunal order
Tenancy Tribunal case 4752295 — Rent arrears
Decided 12 Feb 2024 · Published 12 Feb 2024 · Application 4752295
- 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 all parties’ names and identifying details.
- [The tenant/s] owes [The landlord/s] $4,440.00 (“the debt”) being rent owed to Tuesday 13 February 2024.
- By consent the rent week is altered to run from Wednesday to Tuesday commencing Wednesday 14 February 2024.
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $660.00, being $560.00 for rent and $100.00 for the debt. b. Payments will be every Wednesday, with the first payment on 14/02/2024 and continuing until the debt is repaid.
- 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.
Reasons
- Both parties attended the hearing which took place by teleconference.
- 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. The landlord consents to a payment plan and a conditional termination order being made.
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.
- The tenant explained her situation and stated that she is currently at WINZ and will be seeking a lump contribution towards repaying the rent arrears but the exact amount that will be approved is unknown. Both parties agreed to a weekly repayment arrangement of $100.00 per week towards the arrears in addition to the rent. Any lump sum paid by WINZ will be applied to reduce the debt.
- 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. Suppression/filing fee
- The landlord is not seeking reimbursement of the filing fee.
- The landlord is seeking suppression of all parties identifying details in any publication of this order. The Tribunal may make the order having regard to the interests of the parties and to the public interest. Section 95A Residential Tenancies Act 1986. The applicant has explained her circumstances and the parties have reached agreement today. The applicant has been substantially successful with the application. Having considered the factors in this case the Tribunal considers the interests of the parties outweigh the public interest in names being published and grants suppression as sought.