Published tribunal order
Tenancy Tribunal case 5155075 — Rent arrears
Decided 3 Apr 2025 · Published 3 Apr 2025 · Application 5155075
- 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.
- Kylie Rerekohu Mamea owes [the landlord/s] $3,897.00 (“the debt”), being rent arrears owing as at today and the filing fee on this application of $27.
- Kylie Rerekohu Mamea must pay rent and the debt as follows: a. By weekly payments of $745, being $645.00 for rent and $100.00 for the debt (the weekly payments) until the debt is repaid in full. b. Payments will be every Monday, with the first payment on 07/04/2025 and continuing until the debt is paid in full.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay the weekly payments (being rent and the debt) 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
- Only the landlord attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord understands they are entitled to proceed to seek termination but given the tenant has been getting her payments of rent back on track, wish to seek only an order for conditional 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.
- The landlord is 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 on this basis and in the circumstances of this case
- 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 succeeded with the claim I must reimburse the filing fee. For similar reasons I allow name suppression.