Published tribunal order
Tenancy Tribunal case 4756191 — Rent arrears
Decided 31 Jan 2024 · Published 31 Jan 2024 · Application 4756191
- Rent arrears
Party names are redacted in the official published order.
Order
- Raymond Greymouth Craig and Ariana Terri owes [The landlord/s] $15,220.44 (“the debt”), being rent arrears of $15,200.00 (up to and including 7 February 2024) and the filing fee of $20.44.
- Raymond Greymouth Craig and Ariana Terri must pay rent and the debt as follows: a. By weekly payments of $380.00 being for current rent. Payments will be every Thursday, with the first payment on 08/02/2024 and continuing every Thursday thereafter until the debt is paid. b. A payment of $15.220.44, being the debt. This is to be paid in full no later than Friday 23 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
- The landlord attended the hearing, conducted via video. The tenants did not join and a call out was made. The call was answered. Ms Terri is attending a tangihanga so Mr Craig represented both tenants.
- 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.
- The landlord has been tardy in addressing the rent arrears as they have grown. A 14-day notice to remedy rent arrears was served by the landlord on 27 August 2022 but there appears to have been no further formal action before this application was made on 4 December 2023. The tenant stated he had requested rent summaries previously so agency support can be accessed for payment but such summaries were not forthcoming. The timing of the conditional payment for rent arrears in this order is to enable the tenants time, now they have a confirmed amount of rent arrears, to seek appropriate assistance.
- 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. 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.