Published tribunal order
Tenancy Tribunal case 4806261 — Rent arrears
Decided 25 Apr 2024 · Published 25 Apr 2024 · Application 4806261
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owe [The landlord/s] $2,466.96 (“the rent arrears”).
- [The tenant/s] must pay normal rent and the rent arrears in order 2 by fortnightly payments of $1,280.00, being $1,180.00 for rent and $100.00 for rent arrears. The first payment must be made on Wednesday 10 April 2024 and payments will continue every fortnight thereafter on a Wednesday until the rent arrears are 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. Unpaid water rates
- [The tenant/s] owe [The landlord/s] $2,466.96(“the debt”).
- The tenants must pay the debt in order 5 by fortnightly payments of $50.00.
- The first payment must be made on Wednesday 10 April 2024 and payments must continue every fortnight thereafter on a Wednesday until the debt is paid in full.
- If the tenants fail to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
Reasons
- Both parties attended the hearing which was held by teleconference.
- The landlord has applied for termination of the tenancy, rent arrears and unpaid water rates. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
- The tenants have breached their obligations by failing to pay rent when it fell due. On 5 February 2024 the landlord served a 14-day notice on the tenants, but the breach was not remedied within the required period.
- Both parties have agreed by consent to the repayment plans ordered above.
- The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order is enforceable 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 tenants’ and landlord’s names and identifying details.