Published tribunal order
Tenancy Tribunal case 5161356 — Rent arrears
Decided 11 Apr 2025 · Published 11 Apr 2025 · Application 5161356
- 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.
- Taylor Ohlson and Maude Ohlson owes [the landlord] $717.00 (“the debt”) calculated as shown in the table below.
- Taylor Ohlson and Maude Ohlson must pay rent and the debt as follows: a. By 7 fortnightly payments of $640.00, being $540.00 for rent and $100.00 for the debt. b. A final payment of $557.00, being $540.00 for rent and $17.00 for the debt. c. Payments will be every other Wednesday, with the first payment on 23 April 2025 and continuing until 30 July 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 Flat 2, 123 Douglas Street, Whakatane 3120 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. Only the landlord’s representative attended. Calls to the tenants at the time of the hearing went to voicemail.
- The landlord has applied for termination of the tenancy, rent arrears and payment of the bond. The landlord invited the Tribunal to make a conditional termination order.
- At the last hearing, there were two issues. First whether the tenants received proper notice of two rent increases during the tenancy and second whether the landlord’s rent statement was correct.
- The landlord has produced copies of the rent increase notices and I have no reason to think that they were not properly served on the tenants.
- The tenants were told at the last hearing that if they wanted to dispute the landlord’s rent statement, they would need to produce some evidence that it was wrong. Plainly, they have not done so and so I accept that the statement is accurate.
- Where rent is at least 21 days in arrears on the date the application was filed, as was the case here, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- I am 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 therefore granted a conditional termination order.
- 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 awarded the filing fee.
- For the same reason, I have granted the landlord’s request for name suppression.