Published tribunal order
Tenancy Tribunal case 4804760 — Rent arrears
Decided 25 Apr 2024 · Published 25 Apr 2024 · Application 4804760
- Rent arrears
Party names are redacted in the official published order.
Order
- [The tenant/s] owes [The landlord/s] $1,340.00 (“the debt”) for rent arrears as at 27 March 2024 ($1,340.00) and reimbursement of the filing fee ($20.44).
- [The tenant/s] must pay rent and the debt in order 2 as follows: a. By payment of $720.00 on Thursday 28 March 2024. b. By fortnightly payments of $1,060.00, being $960.00 for rent and $100.00 for the debt. Payments will be every other Thursday, with the first payment on Thursday 11/04/2024
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- It is noted that there will be a rent increase of $20.00 per week in June 2024. The tenants must continue to pay the fortnightly payments of $100.00 towards the debt in addition to any rent increase until the debt is paid in full.
- If the tenants fail 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 tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The agent for the landlord attended the hearing which was held by teleconference. [The tenant/s] attended for the 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?
- 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 am satisfied the tenants will pay the debt within the period specified in the order and are 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 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.
- As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.
- This is essentially a consent order and therefore it is appropriate to grant suppression of the landlord and tenants’ names and identifying details.