Published tribunal order
Tenancy Tribunal case 4890902 — Rent arrears
Decided 27 Jun 2024 · Published 27 Jun 2024 · Application 4890902
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes [The landlord/s] $2,121.44 (“the debt”), being rent arrears to 23 June 2024 and the filing fee for this application.
- [The tenant/s] must pay rent and the debt as follows: a. By 9 weekly payments of $915.00, being $690.00 for rent, $25 for water rates, and $225.00 for the debt. b. A final payment of $786.44, being $690.00 for rent, $25 for water rates and $96.44 for the debt. c. Payments will be every Friday, with the first payment on 21/06/2024 and continuing until 23/08/2024.
- Payments will be allocated in the following order: rent, water rates, 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 [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.
- 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
- Both parties attended the 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.
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.
- Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
- Because this is a consent order, I direct suppression of both parties’ names and details.