Published tribunal order
Tenancy Tribunal case 4843242 — Rent arrears
Decided 11 Jul 2024 · Published 11 Jul 2024 · Application 4843242
- Rent arrears
Party names are redacted in the official published order.
Order
- [The tenant/s] owes [The landlord/s] $5,658.67 (“the debt”), calculated in the table below:
- [The tenant/s] must pay rent and the debt as follows: a. By fortnightly payments of $1,136.00, being $1,096.00 for rent and $40.00 for the debt. b. Payments will be made fortnightly on Friday, with the next payment due on Friday 31 May 2024 and must continue until the debt is paid in full.
- Payments will be allocated in the following order: rent and rent arrears.
- 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
- The landlord attended the hearing which was held by teleconference on 22 May 2024. The tenants did not attend. The tenants were contacted twice on the contact numbers provided in the application but without success. I proceeded with the hearing in the tenants’ absence as I was satisfied adequate service of the hearing notice had been completed.
- The landlord has applied for rent arrears and has provided a rent summary recording the amount outstanding as at 22 May 2024, being $5,658.67. The amount owed is proved and ordered above.
- Although the tenants did not attend the hearing, the landlord advised that they have indicated that they wish to repay the debt. The tenants have commenced an instalment payment plan of $1,136.00, being $1,096.00 for fortnightly rent and an additional $40.00 towards the debt, which was agreed by the landlord. This was supported by the rent summary produced showing payments of $1,136.00 made by the tenants on 19 April 2024, 3 May 2024 and 17 May 2024.
- In the circumstances, I have granted the order above. The order will lapse if it is fully complied with. If the tenants breach the order, the balance of the debt will be payable immediately and is enforceable as a monetary order of the Tenancy Tribunal. See section 64(4)(b) Residential Tenancies Act 1986.
- As this is essentially a consent order, it is reasonable to grant suppression of the tenants’ and landlord’s names and identifying details.