Published tribunal order
Tenancy Tribunal case 4801941 — Rent arrears
Decided 9 Apr 2024 · Published 9 Apr 2024 · Application 4801941
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- Amelia Poteki owes [The landlord/s] $555.50 (“the debt”).
- Amelia Poteki must pay rent and the debt as follows: a. By 27 weekly payments of $172.00, being $152.00 for rent and $20.00 for the debt. b. A final payment of $167.50, being $152.00 for rent and $15.50 for the debt. c. Payments will be every Wednesday, with the next payment on 03/04/2024 and continuing until 09/10/2024.
- 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.
Reasons
- Only the landlord attended the hearing. A call to the tenant was not answered.
- The landlord explained that the parties have reached an agreement about payment of the arrears. The rent record confirms the arrangement.
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.
- 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. Name Suppression
- Because the landlord has wholly succeeded with the claim, the landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).