Published tribunal order
Tenancy Tribunal case 5249375 — Rent arrears
Decided 2 Jul 2025 · Published 2 Jul 2025 · Application 5249375
- 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.
- Kingston Moke owes [The landlord/s] $6,747.00 (“the debt”) calculated as in the table below. Rent arrears to 26/06/2025$6,720.00 Filing fee reimbursement$27.00 Total payable by Tenant to Landlord$6,747.00
- Kingston Moke must pay rent and the debt as follows: a. One payment of $7,307.00, being $560.00 for rent and $6,747.00 for the debt to be paid before 5:00pm on Friday 27 June 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 1 working day 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 1 working day of the due date, the filing fee will be payable immediately.
Reasons
- The landlord attended the hearing by video conference today. I telephoned the tenant however his phone went to voicemail. I continued with the hearing as the tenant has been emailed notice of the hearing date and time to his current email address for service.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Should a conditional termination order be made?
- Rent was at least 21 days in arrears on the date the application was filed.
- The law requires the Tribunal to make either an immediate termination order or an order allowing repayment of the arrears by a certain date but with termination if they are not paid on time (a “conditional termination” order); see section 55(1)(a) and (1A) Residential Tenancies Act 1986 (RTA).
- The tenant has been living here for three years and rent has been paid reasonably regularly up until March this year.
- The landlord agrees to give the tenant one last chance to pay the amount owing if he wants to continue the tenancy.
- I have made a conditional termination order requiring full payment of the debt (rent arrears and filing fee) and rent in advance no later than 5:00pm this Friday 27 June 2025.
- If this amount is paid on time, the tenancy will continue.
- If it is not paid, the tenancy will terminate immediately.
- 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.