Published tribunal order
Tenancy Tribunal case 4774600 — Rent arrears
Decided 14 Mar 2024 · Published 14 Mar 2024 · Application 4774600
- Rent arrears
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 the Landlord’s name and identifying details.
- Lincoln Ray Moss owes [The landlord/s] $2,445.44 (“the debt”), as set out in the table below.
- Lincoln Ray Moss must pay rent and the debt as follows: a. By 1 payment of $1212.50 on 15 March 2024 b. By weekly payments of $625.00, being $575.00 for rent and $50.00 for the debt. c. Payments will be every Tuesday, with the first payment on 19/03/2024 and continuing until the debt is paid in full.
- 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.
- The landlord had initially applied for termination of the tenancy on the grounds that the rent arrears were going for more than 21 days.
- The matter was previously adjourned to allow the tenant time to pay the arrears by appealing a WINZ decision not do so. The tenant has been paying the weekly rent but is still substantially in arrears.
- In discussions with the parties, they agreed that rather than immediate termination, the above conditional termination would apply. The tenant understands that he has until Friday 15 March to make payment of the above amount, with the balance to be paid over time. The tenant has initially proposed the weekly amount be $30, but that was not acceptable to the landlord.
- The landlord has agreed to deliver or text a copy of this order to the tenant at his new phone number, to be sure he receives it promptly.
- The tenants believes he has grounds to challenge the payment of water. The tenant is able to pursue the making of his own claim if he feels that part of the rent should be reimbursed to him.
- Because [The landlord/s] has succeeded with the claim I must reimburse the filing fee. I have also awarded suppression in favour of the landlord.