Published tribunal order
Tenancy Tribunal case 5242954 — Rent arrears
Decided 16 Jul 2025 · Published 16 Jul 2025 · Application 5242954
- 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 landlord’s name and identifying details.
- Enal Amlesh Kumar owes [The landlord/s] $1,527.00 (“the debt”) being rent of $1,500.00 to 16 July 2025 and the filing fee.
- Enal Amlesh Kumar must pay rent and the debt as follows: a. By weekly payments of $600.00 being $400.00 for the rent and $200.00 for the rent arrears. The first payment must be made by 5pm on Thursday 24 July 2025 and the weekly payment must be made before 5pm each following Thursday.
- Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
- If the tenant fails to pay the 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 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. The landlord has satisfied me of these requirements.
- The rent is currently more than 21 days in arrears. I consider it would be inequitable to refuse to terminate the tenancy if the arrears increase. The tenant says he paid the rent yesterday for the rent week starting tomorrow.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination.
- 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.