Published tribunal order
Tenancy Tribunal case 5010569 — Rent arrears
Decided 6 Nov 2024 · Published 6 Nov 2024 · Application 5010569
- Rent arrears
Party names are redacted in the official published order.
Order
- [The tenant/s] owe [The landlord/s] $4,532.00 (“the debt”) as set out below:
- [The tenant/s] must pay rent and the debt as follows: a. Rent and 1 payment of $4,532.00 on or before 5pm on 20 November 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
- Both parties attended the video hearing. The tenants attended via phone.
- 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.
- The tenants agreed to the terms of this conditional order.
- The tenants must continue to pay rent as it falls due. The next rent payment is due on Sunday 10 November, being rent for the week 11 – 17 November 2024.
- The tenants must continue to pay rent as it falls due while they take steps to arrange financing of the debt which is to be repaid by 20 November 2024.
Should the tenants reimburse the filing fee?
- Given the landlord has succeeded with the claim the tenants must reimburse the filing fee.