Published tribunal order
Tenancy Tribunal case 5280419 — Rent arrears
Decided 14 Jul 2025 · Published 14 Jul 2025 · Application 5280419
- 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.
- Gary Grant Perino owes [The landlord/s] $8,569.86 (“the debt”).
- Gary Grant Perino must pay rent and the debt as follows: a. The weekly rent of $1,150.00 for the period from 12 July to 18 July 2025 is due by tomorrow (15 July 2025). b. By weekly payments of $1,807.14, being $1,150.00 for current rent and $657.14 for the rent arrears. c. After Orders 3(a) and (b) are paid, a further 4 weekly payments of $2,300.00 will be made, being $1,150.00 for the current rent and $1,150.00 for the bond. d. The last payment is $27 for the filing fee after Orders 3(a), (b) and (c) have been paid. e. Payments will be every Saturday, with the first payment on 19/07/2025 and continuing until 18/10/2025.
- Payments will be allocated in the following order: current rent, rent arrears, bond and the filing fee.
- If the tenant fails to pay current rent, rent arrears, and bond 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. DescriptionLandlord Rent arrears to 14 July 2025$3,942.86 Bond$4,600.00 Filing fee reimbursement$27.00 Total award$8,569.86 Total payable by Tenant to Landlord$8,569.86
Reasons
- Both parties attended the hearing via teleconference.
- [The landlord/s] is the representative from the agent’s office.
- The landlord has applied for termination of the tenancy, rent arrears and unpaid 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. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by not paying the bond and the rent. a. On 21 May 2025, the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. b. On 01 July 2025, the landlord served a 14-day notice on the tenant for rent arrears, but the breach was not remedied within the required period.
- It would be inequitable to refuse to terminate the tenancy because, as of today, the rent owed is $3,942.86 plus the outstanding bond of $4,600.00.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence from the tenant that he is selling his car and the landlord supports the tenant’s effort to clear the debt 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. See section 78(3) Residential Tenancies Act 1986.
- 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. See section 64(4)(b) Residential Tenancies Act 1986. Filing fee
- Because [The applicant/s] has wholly succeeded with the claims I must reimburse the filing fee. Name suppression
- Because [The applicant/s] has wholly succeeded with the application I must order the suppression.
- Accordingly, the landlord’s name and identifying particulars are suppressed.