Published tribunal order
Tenancy Tribunal case 5199412 — Rent arrears
Decided 1 Jul 2025 · Published 1 Jul 2025 · Application 5199412
- Rent arrears
- 14-day notice
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 parties’ names and identifying details.
- [The tenant/s] owe [The landlord/s] $869.44 (“the debt”) for rent and arrears to the end of the current rent week on Tuesday 27 May 2025.
- [Tenant 1] and [Tenant 2] each pay a share of the rent separately and the landlord keeps a separate ledger for each of them. However, I have explained that they are jointly the tenants under the agreement so they are both legally responsible for making sure that the whole of the rent is paid.
- [The tenant/s] must, (in total not each), pay rent and the debt as follows: a. By 14 weekly payments of $240.00, being $180.00 for weekly rent and $60.00 for the debt. b. A final payment of $209.44, being $180.00 for rent and $29.44 for the debt. c. Payments will be every Thursday, with the first payment on 29/05/2025 and continuing until 04/09/2025.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenants fail 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.
Reasons
- Both parties attended the hearing.
- 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.
- The landlord consents to the making of a conditional termination Order on these terms. I have made a conditional termination order accordingly.
- The conditional termination order will lapse if it is fully complied with. If the tenants breach 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 waives the filing fee.