Published tribunal order
Tenancy Tribunal case 5121109 — Rent arrears
Decided 25 Mar 2025 · Published 25 Mar 2025 · Application 5121109
- Rent arrears
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 all party names and identifying details.
- The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5pm on Monday 10 March 2025.
- The Bond Centre is to pay the bond of $0.00 ([Bond number suppressed]) to [The landlord/s] immediately.
- [The tenant/s] must pay [The landlord/s] $5,199.04 immediately, calculated as shown in the table below:
- [Tenant 3] must pay [The landlord/s] $178.81, calculated as shown in the table below:
- [Tenant 3] must pay the debt in order 5 at the rate of $50.00 per week as follows: (a)The first payment must be made on Wednesday 12 March 2025 and payments must continue every Wednesday until the debt is paid in full. (b)If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
Reasons
- The hearing took place by teleconference. The property manager attended the hearing for the landlord. The tenant, [Tenant 3], attended the hearing. The other two tenants [Tenant 1] and [Tenant 2] named in the application were called on the numbers provided but there was no response.
- Both parties confirmed that [Tenant 1] and [Tenant 2] have left the premises. [Tenant 3] remains in the premises and has been paying half of the rent due each week.
- The landlord has applied for termination of the tenancy, rent and water arrears and refund of the bond.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord provided rent and water records which prove the amounts owing at today’s date.
- The parties agree that [Tenant 3] is liable for two weeks of missed half rent payments and the last three months water bills as calculated in order 5.
- The parties agree that [Tenant 1] and [Tenant 2] are liable for the remainder of the rent arrears as calculated in order 4. DescriptionLandlordTenant Rent owed by [Tenant 3] to 6/03/2025$785.00 Water arrears owed by [Tenant 3] to February 2025$440.47 Minus share of bond of [Tenant 3] $1,046.66 Total payable by Tenant to Landlord$178.81
- The parties agreed today that if the remaining tenant and the property manager are able to reach an agreement regarding a plan for the tenant to remain living in the premises and pay full rent they may consider entering in to a new tenancy arrangement.
- 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. Having considered the factors in this case the Tribunal grants suppression of all party identifying details.