Published tribunal order
Tenancy Tribunal case 4778460 — Rent arrears
Decided 19 Mar 2024 · Published 19 Mar 2024 · Application 4778460
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] agrees to pay [The landlord/s] $600.00 (being “2 weeks’ rent in advance”).
- [The tenant/s] must pay rent and 2 weeks rent in advance as follows: a. By weekly payments of $650.00, being $600.00 for rent and $50.00 towards the 2 weeks’ rent in advance. b. Payments will be every other Tuesday, with the first payment on Tuesday 26 March 2024 and continuing fortnightly until the 2 weeks’ rent in advance is paid in full.
- Payments will be allocated in the following order: rent, rent in advance, and the filing fee.
- If the tenant fails to pay rent and rent in advance 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 outstanding amount will be payable immediately.
- If the tenant fails to pay the filing fee ($20.44) within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing which was held on 7 March 2024.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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 landlord filed the application on 9 January 2024 and at that time rent was over 21 days in arrears.
- At the date of the hearing, all rent arrears was paid up.
- The tenant pays her rent fortnightly and consequently there had been a short payment of rent resulting in rent arrears. The landlord has requested that the tenant pay 2 weeks’ rent in advance to avoid the rent falling into rent arrears again. This was agreed by the tenant.
- I am satisfied the tenant will pay the 2 week’s rent in advance 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. Filing fee and suppression order
- As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee of $20.44 and grant suppression of the landlord’s name and identifying details.
- This is essentially a consent order and therefore it is also reasonable to grant suppression of the tenant’s name and identifying details.