Published tribunal order
Tenancy Tribunal case 5098008 — Rent arrears
Decided 25 Feb 2025 · Published 25 Feb 2025 · Application 5098008
- 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] $5,237.00 (“the debt”) being rent arrears and rent owed to 27 February 2025.
- [The tenant/s] will pay rent and the debt as follows: a. By weekly payments of a minimum of $549.00, being $449.00 for rent and $100.00 for the debt. b. Payments will be every Friday, with the first payment on 28/02/2025.
- Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 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 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. Both parties agree to a conditional termination order being made.
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 engaged with support and has been making regular payments to reduce her rent arrears for over 12 weeks. The rent arrears have reduced. The parties agreed today to a minimum payment of rent plus $100 per week totalling $549.00 to reduce the arrears. However, whenever possible the tenant will pay a weekly amount of $600.00 per week as she wishes to reduce the debt as fast as possible. The tenant is commended for her commitment to resolve this matter.
- 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. Suppression
- The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant seeks suppression of all party details. Having considered the factors in this case including that the parties have reached agreement today, the Tribunal grants suppression as sought.