Published tribunal order
Tenancy Tribunal case 4640670 — Rent arrears
Decided 22 Aug 2023 · Published 22 Aug 2023 · Application 4640670
- 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.
- Francois Andre Botha must pay [The landlord/s] $1,377.58 immediately, calculated as shown in the table below.
- The Bond Centre is to pay $1,520.00 from the bond of $3,040.00 ([Bond number suppressed]) to [The landlord/s] immediately.
- The balance of the bond of $1,520 is to remain at the Bond Centre.
Reasons
- The landlord attended the hearing by teleconference. The Tribunal rang the tenant four times on two different cell-phone numbers provided. All the calls diverted to voicemail. I am satisfied that the tenant was served notice of the hearing and did not attend.
- The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- This is a fixed term tenancy starting on 14 October 2022 and to end on 13 October 2023, with Mr Botha and his now ex-partner as joint tenants. Under the terms of the tenancy agreement the tenants are jointly and severally liable for each other’s obligations. The tenants separated and Mr Botha vacated the premises but agreed to his co-tenant finding a replacement tenant. Mr Botha also agreed (and was in any event liable) to pay his share of the rent until a new replacement tenant was found. A new tenant was found to replace Mr Botha from 16 June 2023.
- From 24 March 2023, Mr Botha and his co-tenant made separate rent payments of $380 although, as noted above, they were both jointly and severally liable for the full rent of $760. From 28 April 2023 to 15 June 2023, Mr Botha stopped paying his share of the rent. The landlord seeks to recover the unpaid rent from Mr Botha. In that regard, the landlord is entitled to pursue only one tenant for a share of the rent arrears if they wish, even where two tenants are liable.
- The landlord provided rent records which prove the amount owing by Mr Botha at the end of his tenancy.
- The landlord also seeks one half of the bond lodged with the Bond Centre on the basis that this is Mr Botha’s share of the bond. In correspondence with the landlord, Mr Botha suggests that the full amount of the bond was paid by him and should be applied to the arrears. However, his former co-tenant does not agree and has advised the landlord that they each paid one half the bond.
- If there is a dispute between the tenants about the bond, that is a matter which they must resolve. The Tribunal has no jurisdiction over disputes between tenants. Therefore, in the event that they cannot agree, either party could pursue the matter in the Disputes Tribunal . In the meantime, I am satisfied that there is no dispute that at least half of the bond belongs to Mr Botha and can be refunded to the landlord to cover his rent arrears. The balance bond is to remain with the Bond Centre.
- The landlord has succeeded with their claims and is entitled to suppression orders and reimbursement of the filing fee.