Published tribunal order
Tenancy Tribunal case 4841261 — Rent arrears
Decided 7 May 2024 · Published 7 May 2024 · Application 4841261
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes [The landlord/s] $2,700.00 (“the debt”) which is rent arrears up until 9 May 2024.
- [The tenant/s] must pay continue to rent and the debt as follows: a. By weekly payments of $750.00, being $650.00 for rent and $100.00 for the debt. b. Payments will be every , with the next payment on and continuing until .
- Payments will be allocated in the following order: rent, then rent arrears.
- If [The tenant/s] 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.
- For the avoidance of doubt, this order replaces the Tribunal Order of 23 February 2024 under application 4778880 and that order may no longer be enforced.
Reasons
- Both parties attended the hearing which was held by audio-visual hearing.
- 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 and the landlord agrees.
- 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 on the consent of both parties. The tenant has already commenced making the payments outlined above.
- 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.
- I note that the landlord had previously applied for and received the same order under application TT4778880. It was a procedural error that they made this application. Accordingly, I suppress both parties identifying details from the published order and decline to reimburse the landlord the application fee.