Published tribunal order
Tenancy Tribunal case 4959673 — Rent arrears
Decided 30 Aug 2024 · Published 30 Aug 2024 · Application 4959673
- Rent arrears
Party names are redacted in the official published order.
Order
- Carolyn Ann Burke and Josephine McKenzie owes [The landlord/s] $1,887.00 (“the debt”), being rent arrears of $1,860.00 as at 5 September 2024 and the application filing fee of $27.00.
- Carolyn Ann Burke and Josephine McKenzie must pay rent and the debt by weekly payments of $970.00, being $770.00 for rent and $200.00 for the debt. Payments will be every Friday, with the first payment on 06/09/2024 and continuing every Friday until the debt is paid.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee. The debt may be paid earlier.
- 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, conducted via video/teleconference.
- 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. Filing 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party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the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.
- The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.