Published tribunal order
Tenancy Tribunal case 5050232 — Rent arrears at Unit/Flat 2G, 246 St George Street, Papatoetoe, Auckland
Decided 12 Nov 2024 · Published 12 Nov 2024 · Application 5050232
- Rent arrears
Party names are redacted in the official published order.
Order
- [The tenant/s] owes [The landlord/s] $1,027.00 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. beginning on 22 November 2024, by weekly payments of $450, being $400 for rent and $50 for the debt; and b. a final payment of $427, being $400 for rent and $27 for the debt.
- 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, the balance of the debt will be payable immediately.
- This order will cease to have effect once all rent arrears and the filing fee are paid to the Landlord.
- For the avoidance of doubt, this order does not prevent the Tenant from repaying the debt earlier.
Reasons
- Both parties attended the hearing.
- The Landlord has established that the Tenant is in arrears. The rent summary provided by the Landlord shows arrears of $1,000. The Tenant did not dispute the rent arrears.
- The Landlord initially applied for termination of the tenancy and recover of the rent arrears. During the hearing, the Landlord advised that it no longer sought termination because the Tenant had made a lump sum payment towards repayment of the rent arrears, and instead wanted to recover rent arrears.
- The Tenant confirmed that he would be able to pay $50 per week in addition to the rent to clear the rent arrears. I am satisfied that this is a fair and equitable resolution to this claim and order accordingly.
- The Landlord has applied for name suppression and has been wholly successful in the application. Suppression of the Landlord’s name is therefore granted. I also order suppression of the Tenant’s name given medical issues raised during the hearing.
- The Landlord is also entitled to recover the filing fee of $27.