Published tribunal order
Tenancy Tribunal case 5127374 — Rent arrears
Decided 19 Mar 2025 · Published 19 Mar 2025 · Application 5127374
- 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 the landlord’s name and identifying details.
- Daniel Pitoitua, Ateria Seleni, Pitoaso Pitotiua and Patrick Pitoitua owes [The landlord/s] $2,027.00 (“the debt”) calculated as shown in the table below.
- Daniel Pitoitua, Ateria Seleni, Pitoaso Pitotiua and Patrick Pitoitua must pay rent and the debt as follows: a. By 40 weekly payments of $700.00, being $650.00 for rent and $50.00 for the debt. b. A final payment of $677.00, being $650.00 for rent and $27.00 for the debt. c. Payments will be every Thursday, with the first payment on Thursday 20/03/2025 and continuing until 25 December 2025.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- 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.
- 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
- The landlord’s representative attended the hearing. None of the tenants participated in the hearing. Calls to three of the tenants either went to voicemail or were not answered. One tenant answered but was not able to participate in the hearing due to work commitments.
- The landlord has applied for termination of the tenancy, rent arrears and payment of the bond. The parties have agreed a payment arrangement.
- 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 parties have agreed a payment arrangement and so I have granted a conditional termination order on the agreed terms.
- 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.
- The landlord has succeeded and so I have granted their request for name suppression.