Published tribunal order
Tenancy Tribunal case 5248791 — Rent arrears
Decided 10 Jul 2025 · Published 10 Jul 2025 · Application 5248791
- 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 Tenant and Landlord name and identifying details.
- [The tenant/s] owes [The landlord/s] $653.86 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 21 weekly payments of $167.00, being $137.00 for rent and $30.00 for the debt. b. A final payment of $160.86, being $137.00 for rent and $23.86 for the debt. c. Payments will be every Wednesday, with the first payment on 16/07/2025 and continuing until 10/12/2025.
- 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.
- 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 hearing.
- The landlord has applied for termination of the tenancy and rent arrears 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 (RTA).
- 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 with the consent of the parties.
- 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) RTA. Suppression
- Under section 95A(1) RTA, the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- The landlord has applied for suppression which is granted because they have substantially succeeded in the proceedings.
- I also consider that it is not in the public interest to publish the tenant’s name and identifying details. That is because she fell into arrears when WINZ stopped payment of her benefit which took time to sort out. However, it does not appear to be through any fault on the tenant’s part.