Published tribunal order
Tenancy Tribunal case 4862580 — Rent arrears
Decided 16 May 2024 · Published 16 May 2024 · Application 4862580
- Rent arrears
Party names are redacted in the official published order.
Order
- The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 pm on Friday 24 May 2024, subject to the following: a. The tenant is to pay rent arrears of $2,982.86 (as at 10/05/2024) (“the rent arrears”) by 5pm on Friday 10 May 2024. b. The tenant is to pay weekly rent of $580.00 for the remaining period on time. The next rent payment of $580.00 is due on Friday 17 May 2024. c. If the tenant fails to pay rent and the rent arrears (as set out in order 2(a) above) within 2 working days of the due dates: i. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. i. The balance of the debt will be payable immediately.
- [The tenant/s] must pay [The landlord/s] $20.44 being the reimbursement of the filing fee by 5pm on Friday 24 May 2024.
Reasons
- The hearing was held by teleconference. Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord has deferred termination of the tenancy to 24 May 2024 subject to the tenant paying rent arrears owing (as at 10 May 2024) and normal rent for the remainder of the tenancy. Should the tenant fail to pay the rent arrears and rent on time the tenancy will terminate immediately.
- The landlord may be in a position to extend the termination date should the tenant receive financial assistance towards the debt and payment of normal rent from the Ministry of Social Development.
- The landlord provided rent records which prove the amount owing.
- As the landlord has been wholly successful with the application, I must order the other party to reimburse the filing fee.
- This order is essentially a consent order and it is therefore appropriate that all parties’ names and identifying details are suppressed from the published order.