Published tribunal order
Tenancy Tribunal case 4989428 — Rent arrears
Decided 25 Sept 2024 · Published 25 Sept 2024 · Application 4989428
- Rent arrears
Party names are redacted in the official published order.
Order
- [The tenant/s] owes [The landlord/s] $1,627.00 and the filing fee on the application of $27.00 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By a payment in full of $1,627.00 for the debt by Wednesday 9 October 2024. b. Current rent payments of $800.00 will be every Monday, with the next two payments due on 09/09/2024 and 16/09/2024.
- 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.
- The parties agree that the landlord will give the tenant 48 hours’ notice to carry out testing for the presence of contaminants or taking samples for such testing at the premises in accordance with section 48(2)(ba) Residential Tenancies Act 1986.
- The parties agree that the tenant’s son (whose name is to be suppressed in this order but who was identified during the hearing), will no longer reside at the premises pending the outcome of criminal charges laid against him.
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 rent arrears to avoid immediate termination and is seeking assistance from WINZ for that purpose.
- The conditional termination order is made by consent of the parties.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- The landlord also brought an application for termination on the grounds that the premises are being used for an unlawful purpose in breach of section 40(2)(b) RTA, following the execution by Police of a search warrant at the premises to recover stolen goods. In addition, Police found drug paraphernalia in the house and reported a strong smell of marijuana to the landlord. This occurred only 4 days after the tenancy started.
- The tenant has explained and provided evidence that the warrant was executed in relation to her son; that he has been charged with some offences which he is defending and likely the drug paraphernalia also belonged to her son. She has assured the landlord that he is no longer living at the premises and has been bailed to a different address. She agrees that he will not reside at the premises pending the outcome of the criminal charges against him.
- There are some other matters that were discussed at the hearing which have caused the landlord’s some concern and the tenant has acknowledged that this has caused a loss of trust for the landlords. For that reason, the tenant acknowledges that the landlords have cause to carry out testing of the property for contaminants and she consents to that process.
- The parties have resolved matters by consent.
- In the circumstances, it is appropriate to suppress the names and identifying details of both parties because matters have been resolved by consent.