Published tribunal order
Tenancy Tribunal case 4784697 — Rent arrears
Decided 25 Apr 2024 · Published 25 Apr 2024 · Application 4784697
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes [The landlord/s] $1,659.00 (“the debt”), being rent arrears as at 12 April 2024.
- [The tenant/s] must pay rent and the debt (as set out in order 2) as follows: a. By a lump sum payment of $500.00 to be paid by 5pm on Friday 19 April 2024. b. By weekly payments of $300.00, being $276.50 for rent and $23.50 for the debt. Payments will commence on Monday 22 April 2024 and will continue weekly until the debt is paid in full.
- 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
- The hearing was held today by teleconference. Both parties attended the hearing.
- 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 parties agreed to the above payment plan. 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 landlord provided rent records which prove the amount owing.
- The landlord waived the filing fee.
- As this is essentially a consent order, I consider it reasonable to grant suppression of the landlord and tenant’s names and identifying details.