Published tribunal order
Tenancy Tribunal case 5100428 — Rent arrears
Decided 24 Dec 2024 · Published 24 Dec 2024 · Application 5100428
- 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.
- As at 23 December 2024 Peter John Edwards owes [The landlord/s] $10,959.29 in rent arrears (“the Debt”).
- For the period from 24 December 2024 to 14 January 2025 (inclusive) Peter John Edwards must pay [The landlord/s] $2,105.71 in rent (the “Rent”).
- Peter John Edwards must pay both the Debt of $10,959.29 and the Rent of $2,105.71 on or before 11.59pm on 14 January 2025 (altogether totalling $13,065).
- Peter John Edwards must also pay the filing fee of $27.00 on or before 11.59pm on 14 January 2025.
- If the tenant fails to pay the Debt and the Rent within 2 working days of the due date: 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.
- 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
- Both parties attended 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.
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 that the rent was 21 days in arrear on the date the application was filed.
- The tenant has fallen into arrears due to an unusual event. He is expecting several sum sums to be paid to him very shortly. He also says he will have other income going forwards.
- 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 landlord agreed to this payment schedule as it gives the tenant time to collect and follow up on the sums that are due to him from third parties given the Christmas break.
- 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 landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
- Under Section 95A(1) RTA suppression order must be granted on the application of a party who has been wholly or substantially succeeded in proceedings.
- I have awarded the landlord name suppression because they have been wholly successful and have requested it (s95A, RTA).
- I have not awarded the tenant name suppression although he requested it because he has not been wholly or substantially successful and the arrears are significant. I am mindful that open justice is a fundamental principle in our legal system. It is common for parties appearing before the Tribunal to seek suppression orders but that is not of itself a sufficient reason to make the order. The dispute before me was not unusual or other than the ordinary business of the Tribunal. The open justice principle requires the outcome of adjudication to be available to the public. Weighing up the interests of the parties and the public interest, the public interest outweighs the tenant’s interest. Therefore, no name suppression is granted to the tenant.