Published tribunal order
Tenancy Tribunal case 4912893 — Rent arrears at 22 Keegan Drive, Massey, Auckland 0614
Decided 31 Jul 2024 · Published 31 Jul 2024 · Application 4912893
- Rent arrears
Party names are redacted in the official published order.
Order
- Josie Moon owes [The landlord/s] $1,990.44 (“the debt”), being rent arrears to Thursday 1 August 2024 of $1,970.00 and the application filing fee of $20.44.
- Josie Moon must pay rent and the debt as follows: a. By weekly payments of $600.00 for rent. Payments will be every Friday, with the first payment on 02/08/2024 and continuing every Friday thereafter until the debt is paid. b. A final payment of $2,590.44, being the debt. This must be paid in full no later than Friday 16 August 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 4 working days of the due dates: a. The tenancy at 22 Keegan Drive, Massey, Auckland 0614 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, conducted via
- The landlord has applied for termination of the tenancy, rent arrears, electricity outgoings, 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 rent summary was revised and resubmitted after the hearing as the landlord had allocated some rent payments incorrectly into the electricity account, overstating the rent arrears. I have considered the revised amount in the consideration of rent arrears at the date of lodgement. Even if less than 21 days, a 14-day notice to remedy has been served and s 56(2) would apply.
- 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. Electricity
- I dismiss the electricity outgoings compensation claim as the invoice and payment summary, as presented, raised sufficient issues that it is appropriate the landlord and tenant work together on resolving this outside of this order. Filing fee
- As the landlord has been substantially successful, the filing fee must be returned. 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 substantially successful, suppression is ordered.