Published tribunal order
Tenancy Tribunal case 5151946 — Rent arrears
Decided 11 Mar 2025 · Published 11 Mar 2025 · Application 5151946
- 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 and Tenant’s names and identifying details.
- The Tenant owes the Landlord a total of $1,699 - $1,670 in rent arrears and $27 for the filing fee for this application (“the debt”).
- The Tenant must pay rent and the debt by weekly payments of $620, beginning on 13 March 2025, being $560 for rent and $60 for the debt.
- 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, the balance of the debt will be payable immediately.
- This order will cease to have effect once all rent arrears and the filing fee are paid to the Landlord.
- For the avoidance of doubt, this order does not prevent the Tenant from repaying the debt earlier.
Reasons
- Both parties attended the hearing.
- The landlord has applied for rent arrears and has provided rent records which prove that the Tenant owes $1,670 in rent arrears. The Tenant does not dispute that amount.
- The Landlord also sought to terminate the tenancy on the grounds that the rent was at least 21 days in arrears – see section 55(1)(a) of the Residential Tenancies Act 1986 (the RTA). I decline to make that order because the rent was not at least 21 days in arrears – 21 days’ rent is $1,680. Instead, the Landlord is entitled to an order under section 78(1)(d) of the RTA requiring the Tenant to pay the rent arrears.
- Because [The applicant/s] has mainly succeeded with the claim I must reimburse the filing fee and order name suppression. I also order suppression for the Tenant given his personal circumstances as described during the hearing.