Published tribunal order
Tenancy Tribunal case 5265079 — Rent arrears
Decided 12 Aug 2025 · Published 12 Aug 2025 · Application 5265079
- 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 name and identifying details.
- Rory Shaw owes [The landlord/s] $1,316.57 (“the debt”), being rent arrears to 14 August 2025.
- Rory Shaw must pay rent and the debt as follows: a. By 131 weekly payments of $100.00, being $90.00 for rent and $10.00 for the debt. b. A final payment of $96.57, being $90.00 for rent and $6.57 for the debt. c. Payments will be every Friday, with the first payment on 15/08/2025 and continuing until 18/02/2028 or until the debt is paid in full.
- Payments will be allocated in the following order: rent and then rent arrears,
- 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.
Reasons
- The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
- 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.
- 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. The terms of this order are consistent with weekly payments that commenced from mid-June 2025.
- 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. Suppression
- Section 95A RTA states regarding suppression orders that 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.
- The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.