Published tribunal order
Tenancy Tribunal case 4973636 — Rent arrears
Decided 30 Sept 2024 · Published 30 Sept 2024 · Application 4973636
- Rent arrears
Party names are redacted in the official published order.
Order
- Etevaise Tuilaepa owes [The landlord/s] $10,790.00 (“the debt”), being rent arrears of $10,763.00 to 6 October 2024 and the application filing fee of $27.00.
- Etevaise Tuilaepa must pay rent and the debt as follows: a. By weekly payments $462.00 for rent. The first payment of $462.00 is due Monday 7 October 2024 and every Monday thereafter. b. A payment of $10,790.00 for the debt, to be paid no later than Friday 18 October 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 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
- The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord wants to give the tenant a final chance 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 landlord is acting appropriately in giving the tenant a final chance to pay the debt within the period specified in the order. This occurring appears contingent on agency support in paying the rent arrears, as well as ensuring current rent is paid as due.
- I have granted a conditional termination order.
- This tenancy was the subject of a prior Tribunal order on 18 July 2024 and that decision considered mitigation of loss before ordering the full rent arrears to be paid. Given that, I do not revisit that here.
- 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. Application 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.