Published tribunal order
Tenancy Tribunal case 4846362 — Rent arrears at Unit/Flat C, 4 Bishops Place, Dunedin Central, Dunedin
Decided 8 May 2024 · Published 8 May 2024 · Application 4846362
- Rent arrears
Party names are redacted in the official published order.
Order
- Cody McConnell owes [The landlord/s] $4,070.44 (“the debt”), being rent arrears of $4,050.00 as at Thursday 9 May 2024, and the application filing fee of $20.44.
- Cody McConnell must pay rent and the debt as follows: a. by paying rent of $450.00 as due on Friday 10 May 2024, then b. by paying rent of $450.00 as due on Friday 17 May 2024, and c. A final payment of $500.44 for the debt no later than Friday 17 May 2024.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat C, 4 Bishops Place, Dunedin Central, Dunedin 9016 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The landlord attended the hearing, conducted via video conference. The tenant did not join the conference. Two calls were then made to the tenant but they went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
- The landlord had applied for rent arrears. It was later varied to include termination. The tenant is given an opportunity to repay the debt to avoid immediate termination. Given he was in discussion with the landlord during April about getting agency assistance to clear rent arrears, and the later variation for termination, such a final opportunity is fair.
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 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. See section 64(4)(b) Residential Tenancies Act 1986. Filing application fee
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
- Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- The landlord requested suppression in its application. As it has been wholly successful, landlord name suppression is ordered.