Published tribunal order
Tenancy Tribunal case 5073669 — Rent arrears
Decided 10 Feb 2025 · Published 10 Feb 2025 · Application 5073669
- 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 parties’ names and identifying details.
- [The tenant/s] owes [The landlord/s] $4,430.00 (“the debt”) being rent arrears to 3 February 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 44 weekly payments of $305.00, being $205.00 for rent and $100.00 for the debt. b. A final payment of $235.00, being $205.00 for rent and $30.00 for the debt. c. Payments will be every Wednesday, with the first payment on 05/02/2025 and continuing until 10/12/2025.
- Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 7 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.
Reasons
- Both parties attended the hearing which took place by teleconference.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination. The landlord agrees to a conditional termination order.
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.
- The tenant has explained her situation and has already taken steps to resolve this by putting in place a direct debit and paying an extra $100.00 per week towards the debt. 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.