Published tribunal order
Tenancy Tribunal case 5058508 — Rent arrears
Decided 24 Jan 2025 · Published 24 Jan 2025 · Application 5058508
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
- The tenant owes the landlord $2,911.44, being rent arrears and rent to 29 January 2025 $2,884.44, and the filing fee $27.00.
- The tenancy at will terminate with will immediate possession to the landlord at 7pm on Wednesday, 29 January 2025 unless $2,911.44 is paid to the landlord on or before 29 January 2025. If $2,911.44 is paid by that date, the tenancy will continue with rent payments being directly to the landlord from MSD.
- If $2,911.44 is not paid on or before 29 January 2025, the Tribunal will order the Bond Centre to pay the bond to the landlord. The landlord will notify the Tribunal if an order for the bond needs to be made.
- The application is closed unless the landlord shows that payment of the $2,911.44 was not made by the due date.
Reasons
- Both parties attended the hearing by phone.
- The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and the filing fee. 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.
- Section 55(1A) provides as follows: “Notwithstanding section 78(3), the Tribunal may, instead of making a final termination order for the non-payment of rent under subsection (1)(a), make a conditional order if, but only if, it is satisfied that— (a) the tenant will pay any rent in arrear within a period specified by the Tribunal; and (b) it is unlikely that the tenant will commit any further breach of a kind to which any of paragraphs (a), (b), and (c) of subsection (1) applies.”
- At the hearing the tenant read texts dated 4 December 2024 onwards where she contacted the property manager, while on the phone to MSD, asking for the arrears amount, so arrears could be paid. The property manager did respond but not provide her with the information she needed. The merits and justice of the case are that because the tenant was not given the opportunity to pay the arrears in December 2024, she must now be given that opportunity. If she is unable to payment by 29 January 2025, the landlord will have the termination of the tenancy he has requested.
- To avoid an order for termination I must also be satisfied that the tenant is unlikely to commit any further rent breach. The tenant has, for the first time, put in place a payment arrangement with MSD. MSD will pay the rent directly to the landlord. The landlord has said that the tenant could cancel that arrangement and therefore the tenancy should be terminated. The tenant will be aware that if she does cancel the arrangement and rent is in arrears again, it is most likely that the Tribunal will not agree to grant a conditional termination next time.
- 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 breach. See section 64(4)(b) Residential Tenancies Act 1986. Filing Fee
- Because the landlord has been partly successful with the claim, the filing fee of $27.00 is ordered. Suppression
- 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 (s 95, RTA). I have granted suppression of the landlord’s name. I have also granted suppression of the tenant’s name because, at this stage, she may be totally successful in paying the full amount of arrears and the tenancy continuing.