Published tribunal order
Tenancy Tribunal case 4782454 — Rent arrears
Decided 15 Apr 2024 · Published 15 Apr 2024 · Application 4782454
- Rent arrears
Party names are redacted in the official published order.
Order
- Villimi Patolo owes [The landlord/s] $2,795.44 (“the debt”), being rent arrears of $2,775.00 1 to Thursday 18 April 2024 and $20.44 application filing fee.
- Villimi Patolo must pay rent and the debt by weekly payments of $1,025.00, being $925.00 for rent and $100.00 for the debt. Payments will be every Friday, with the first payment on 19/04/2024 and continuing until 25/10/2024.
- 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. 1 The tenant said $925.00 has recently been paid. If so, that reduces the rent arrears accordingly.
Reasons
- Both parties attended the hearing, conducted by teleconference. Villimi Patolo confirmed he would represent 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?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by failing to pay rent as due. On 9 January 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy. Rent arrears have increased since that date, although it was eliminated briefly in March.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- The landlord withdrew the claim for water rates at this time. The tenant believes there has been a water leak issue. The landlord will investigate that before concluding the final water rates owing. If this matter cannot be mutually resolved, the water rates may be the subject of a further landlord application.
- The tenant raised other issues regarding the tenancy. They are equally entitled to make an application as required. Application 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.
- Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.