Published tribunal order
Tenancy Tribunal case 5276899 — Rent arrears
Decided 25 Aug 2025 · Published 25 Aug 2025 · Application 5276899
- 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 parties’ names and identifying details and the tenancy address.
- [The tenant/s] owes [The landlord/s] $2,160.00 (“the debt”), calculated as shown in the table below:
- [The tenant/s] must pay rent and the debt as follows: a. By a payment of $2,547.00 by 5pm on Monday 23 June 2025, being $2,187.00 for the debt and $360.00 for current rent for the period 19 June 2025 to 25 June 2025. b. By payment of current rent of $360.00 every Thursday, starting again on Thursday 26 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 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
- [The landlord’s representative/s], and [The tenant/s] and [Tenant’s support person], all attended the video conference hearing.
- The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and refund of the filing fee. The tenant wants to repay the debt to avoid immediate termination.
- The tenant explained that, shortly after picking up the keys to the tenancy, he was taken into hospital and has been unable to contact the landlord about this, as he had no phone or contact details for the landlord with him when he was admitted to hospital. The tenant said he hopes to be released from hospital on 19 June 2025 or very shortly after this. The tenant was apologetic and was keen to retain the tenancy. He said he could pay the arrears in full as well as rent to date within a short time of the hearing. The tenant confirmed he could make a redirection of rent directly from WINZ to the landlord upon his release from hospital. The tenant explained that, whilst in hospital his WINZ payments were being sorted out and he has received back pay to assist with his arrears.
- The landlord was open to the making of a conditional order, as long as the arrears were paid in full within a very short time of the hearing.
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.
- 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. Filing fee
- Because [The landlord/s] has been successful with the claim I must reimburse the filing fee. Suppression
- Both parties requested name suppression. As the landlord has been successful with the claim, they are entitled to name suppression. Therefore, I order that the landlord’s name and identifying details and the tenancy address are not to be published. See section 95A(1) RTA.
- Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- As the tenant has been in hospital for the whole period of the short tenancy to date, with extenuating circumstances as to why he was unable to contact the landlord about this, and given the tenant’s commitment to clearing all arrears within a short time of the hearing, and an ongoing tenancy relationship between the parties, I find the tenant’s interests outweigh the public interest in publishing his name. Therefore, I order that the tenant’s name and identifying details are not to be published.