Published tribunal order
Tenancy Tribunal case 4968433 — Rent arrears
Decided 20 Sept 2024 · Published 20 Sept 2024 · Application 4968433
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- [The tenant/s] owes [The landlord/s] $797.00 (“the debt”) being rent arrears.
- [The tenant/s] must pay rent and the debt as follows: a. By 11 fortnightly payments of $550.00, being $478.00 for rent and $72.00 for the debt. b. A final payment of $483.00, being $478.00 for rent and $5.00 for the debt. c. Payments will be every other Thursday, with the first payment on 03/10/2024 and continuing until 06/03/2025.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If [The tenant/s] 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.
Reasons
- The landlord attended the hearing represented by [redacted].
- [The tenant/s] did not attend, nor did she answer the calls made to her mobile. She had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond however has agreed to a conditional termination with a payment plan.
- 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) RTA.
- As the parties have agreed, 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) RTA.
- As this is a consent order it is appropriate that suppression orders be made in both parties’ favour.