Published tribunal order
Tenancy Tribunal case 4781620 — Rent arrears
Decided 27 Feb 2024 · Published 27 Feb 2024 · Application 4781620
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes [The landlord/s] $2,103.00 being rent owed to 29 February 2024 (“the debt”).
- [The tenant/s] must pay current rent and the debt as follows: a. By 52 fortnightly payments of $650.00, being $610.00 for rent and $40.00 for the debt. b. A final payment of $633.00, being $610.00 for rent and $23.00 for the debt. c. Payments will be every other Thursday, with the first payment on 29/02/2024 and continuing until 26/02/2026.
- 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 hearing by telephone.
- 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.
- The landlord and tenant had agreed on a payment plan for rent and the debt. The tenant has arranged for payments to made directly from her wages.
- The landlord agreed to a conditional termination order being made. 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.
- I have ordered suppression of both parties’ names because this Order records an agreement reached by the parties.