Published tribunal order
Tenancy Tribunal case 4803342 — Rent arrears
Decided 23 Apr 2024 · Published 23 Apr 2024 · Application 4803342
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- Samisoni Taufoou owes [The landlord/s] $2,758.00 to 15 April 2024 for rent arrears.
- Samisoni Taufoou must pay current rent and the rent arrears as follows: a. By weekly payments of $600.00, being $345.00 for rent and $255.00 for the debt. b. Payments must be made before 5pm every Tuesdayhe first payment must be made before 5pm on Tuesday 16 April 2024.
- Payments will be allocated in the following order: current rent and rent arrears.
- If the tenant fails to pay rent and rent arrears within 3 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 the hearing by telephone today. The call quality was very poor, making the hearing difficult.
- The landlord has applied for termination of the tenancy for rent arrears. 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. The tenant has started making regular payments of $600.00 towards the rent arrears which have come down significantly since the application was filed. The weekly rent has been reduced from $689.00 to $345.00 per week which has also helped reduce the debt.
- 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.