Published tribunal order
Tenancy Tribunal case 5059208 — Rent arrears at 13 Vera Street, Marton, Marton 4710
Decided 10 Jan 2025 · Published 10 Jan 2025 · Application 5059208
- Rent arrears
- 14-day notice
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 landlord’s name and identifying details.
- Faletui Brown and Tautali Brown owes [The landlord/s] $337.00 (“the debt”).
- Faletui Brown and Tautali Brown must pay rent and the debt as follows: a. By 6 weekly payments of $580.00, being $530.00 for rent and $50.00 for the debt. b. A final payment of $567.00, being $530.00 for rent and $37.00 for the debt. c. Payments will be every Saturday, with the first payment on 18/01/2025 and continuing until 01/03/2025.
- 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 13 Vera Street, Marton, Marton 4710 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.
- The tenant did not attend the hearing.
- 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.
- Where the landlord has issued three valid notices regarding arrears within a 90- day period and made an application for termination within 28 days of the last notice, the Tribunal can make an order for termination of the tenancy. See section 55(1)(aa) and (1A) Residential Tenancies Act 1986.
- I am satisfied that the tenant should be given an opportunity to 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.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
- The tenant is encouraged to keep in contact with their property manager if they have a problem paying the rent in future, in order to avoid another application to the Tribunal and their tenancy being ended.