Published tribunal order
Tenancy Tribunal case 4778880 — Rent arrears
Decided 8 Mar 2024 · Published 8 Mar 2024 · Application 4778880
- Rent arrears
Party names are redacted in the official published order.
Order
- [The tenant/s] owes Rentcare Property Management Limited $3,920.44 comprising rent arrears of $3,900.00 to 22 February 2024 and the filing fee of $20.44 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $750.00, being $650.00 for rent and $100.00 for the debt. b. Payments will be every Friday , with the first payment on 23 February 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 by phone. [The landlord’s representative] represented the landlord.
- 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, or at the date of hearing, 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.
- The tenant said she was able to pay $200.00 per week towards the debt. She can do that if she is able to, but provided she pays at least $100.00 towards the debt each week, the order will be satisfied.
- As the tenant is successful to the extent that the tenancy will continue, I have granted her application for name suppression.
- The tenant must pay the landlord’s Tribunal filing fee.