Published tribunal order
Tenancy Tribunal case 5178934 — Rent arrears
Decided 13 Mar 2025 · Published 13 Mar 2025 · Application 5178934
- 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.
- Derek Taylor owes [The landlord/s] $1,183.28 (“the debt”) being rent arrears of $1,157.14 to Sunday 16 March 2025 and the filing fee of $27.00.
- Derek Taylor must pay the weekly rent and the rent arrears as follows: a. A payment of $410.00 to the weekly rent by 5pm on Monday 17 March 2025. b. A final payment of $1,157.14 for the rent arrears by 5pm on Monday 24 March 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 [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.
- The filing fee is payable immediately.
Reasons
- Both parties attended the telephone hearing today. The hearing started slightly later than scheduled, with my apologies, because initially I overlooked that the tenant’s contact details had changed.
- 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?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
- On 18 February 2025 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. The rent arrears to 12 March 2025 were $922.96. I am satisfied that it would be inequitable to refuse to terminate the tenancy if the next rental payment is missed.
- The tenant has been experiencing significant difficulties which were elaborated on during the hearing. I am satisfied that these difficulties have prevented him from paying the rent over the last few weeks. The tenant is taking steps to remedy the situation with WINZ. A conditional termination order prevents the rent arrears from continuing to increase and gives the tenant a final opportunity to remedy the arrears.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach.