Published tribunal order
Tenancy Tribunal case 5172575 — Rent arrears
Decided 26 May 2025 · Published 26 May 2025 · Application 5172575
- 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 name and identifying details.
- Simon Martin owes [The landlord/s] $3,017.00 (“the debt”) being rent arrears of $3,480.00 for the period ending Thursday 29 May 2025, and $27.00 being the filing fee on the application.
- Simon Martin must pay rent and the debt as follows: a. A payment of $490 for the debt on Wednesday 28/05/2025; b. By 60 weekly payments of $540.00, being $490.00 for rent and $50.00 for the debt. c. A final payment of $507.00, being $490.00 for rent and $17.00 for the debt. d. The payments in order 3b and 3c will be every Wednesday, with the first payment on 04/06/2025 and continuing until 29/07/2026.
- 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 [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
- Both parties attended the telephone hearing with Ms Stiener representing the landlord.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate 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.
- 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 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.