Published tribunal order
Tenancy Tribunal case 4796217 — Rent arrears
Decided 25 Apr 2024 · Published 25 Apr 2024 · Application 4796217
- Rent arrears
Party names are redacted in the official published order.
Order
- [The tenant/s] owe [The landlord/s] $20,179.44 (“the debt”), calculated in the table below:
- [The tenant/s] must pay rent and the debt (as set out in order 2 above) as follows: a. By a lump sum payment of $12,000.00 by 5pm on Wednesday 24 April 2024. b. By weekly payments of $1,480.00, being $980.00 for rent and $500.00 towards the debt. The first payment will commence on Wednesday 24 April 2024 and will continue weekly on a Wednesday until the debt is paid in full.
- [The tenant/s] must pay weekly rent when it falls due.
- Payments will be allocated in the following order: rent, rent arrears, outstanding water rates, the bond and the filing fee.
- If the tenants fail to pay rent and the debt payment 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 tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The hearing was held by teleconference. Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and outstanding water rates.
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 evidence produced by the landlord proves the rent was at least 21 days in arrears on the date the application was filed. The landlord is entitled to termination of the tenancy.
- The landlord provided rent records and water rates invoices which prove the amounts owing. It was also noted that the tenants had not paid the bond.
- The tenants want to repay the debt to avoid immediate termination. By consent, a conditional termination order has been granted.
- The conditional termination order will lapse if it is fully complied with. If the tenants breach 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 reimburse the filing fee and grant suppression of the landlord’s name and identifying details.
- This is essentially a consent order and therefore it is reasonable to grant suppression of the tenants’ names and identifying details.