Published tribunal order
Tenancy Tribunal case 5097228 — Rent arrears
Decided 20 Mar 2025 · Published 20 Mar 2025 · Application 5097228
- 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 and Tenant’s names and identifying details.
- [The tenant/s] owes [The landlord/s] $1,447.00 (“the debt”) being rent arrears to 20 March 2025 together with rent due in advance to 23 March 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 36 fortnightly payments of $621.00, being $581.00 for rent and $40.00 for the debt. b. A final payment of $588.00, being $581.00 for rent and $7.00 for the debt. c. Payments will be every other Wednesday, with the first payment on 26/03/2025 and continuing until 12/08/2026.
- Payments will be allocated in the following order: rent and rent arrears.
- 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.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy and rent arrears. However at the hearing the landlord said that the tenant had been making additional payments to clear the arrears and that they would like to formalise a repayment arrangement.
- The tenant said that he did not receive the landlord’s notice to increase the rent and so had not realised he was in arrears.
- 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. Name suppression
- As these orders have been made by consent I have exercised my discretion to suppress the parties’ names pursuant to section 95A RTA. I do not consider that there is any public interest in publication.