Published tribunal order
Tenancy Tribunal case 4627689 — Rent arrears at Unit/Flat 1, 3 Fort Street, Cambridge, Cambridge 3434
Decided 14 Aug 2023 · Published 14 Aug 2023 · Application 4627689
- 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.
- The tenancy of Cale Sergeant and Sarah Morris at Unit/Flat 1, 3 Fort Street, Cambridge, Cambridge 3434 is terminated, and possession is granted to [The applicant/s], at 8pm Sunday 20 August 2023.
- The Bond Centre is to pay the bond of $984.73 (3128918-010) to [The applicant/s] immediately, calculated as shown in the table below:
- The balance of the bond of $365.27 is to remain at the Bond Centre. DescriptionLandlord Rent arrears to 30 August 2023$964.29 Filing fee reimbursement$20.44 Total award$984.73 Bond$984.73
Reasons
- The landlord attended the hearing, conducted via teleconference. Two calls to the tenants two numbers went unanswered and to voicemail. After the first call, 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 went unanswered.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
- 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. See section 56(1) Residential Tenancies Act 1986.
- 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.
- The tenant has breached their obligations by consistently failing to pay rent as due.
- The landlord has served multiple 14-day notices on the tenant and the tenant has not remedied the breach within the required periods and arrears still exist.
- The most recent notice to remedy was served on 27 June 2023. The notice prior was served on 1 June 2023.
- It would be inequitable to refuse to terminate the tenancy because the rent has consistently been late or in arrears. As well as addressing the notices to remember, the tenants failed to engage in mediation as well as for the hearing today. Application filing fee
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. 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, 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 requested suppression in its application and as it has been wholly successful this is ordered.