Published tribunal order
Tenancy Tribunal case 5155772 — Rent arrears at [Redacted]
Decided 14 Mar 2025 · Published 14 Mar 2025 · Application 5155772
- 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.
- The following order was made by consent of the parties.
- James Evan Johnson owes [the landlord] $2,935.94 (“the debt”), calculated as shown in the table below.
- James Evan Johnson must pay rent and the debt as follows: a. By 58 weekly payments of $640.00, being $590.00 for rent and $50.00 for the debt. b. A final payment of $625.94, being $590.00 for rent and $35.94 for the debt. c. Payments will be every Wednesday, with the first payment on 19 March 2025 and continuing until 29 April 2026.
- 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 [the premises] 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 hearing was conducted by telephone. Both parties attended.
- The landlord has applied for termination of the tenancy, rent arrears and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.
- 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) of the Residential Tenancies Act 1986.
- The parties agreed on a conditional termination order, and I have therefore made the order in 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 his request for name suppression.