Published tribunal order
Tenancy Tribunal case 4719720 — Rent arrears at Unit/Flat 701, 369 Queen Street, Auckland Central,
Decided 15 Nov 2023 · Published 15 Nov 2023 · Application 4719720
- Rent arrears
Order
- The application for termination is dismissed.
- [The tenant/s] must pay the landlord $2,100 from the bond of $2,800. The payment of $2,100 is rent arrears to 26 October 2023.
- The Bond Centre is to release $2,100 from the bond of $2,800 to the landlord immediately. The balance of the bond is to remain at the bond centre for the time being.
- The landlord’s request to amend the application to include other compensation is declined.
Reasons
- The landlord attended the hearing.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
- This is a fixed term tenancy. There are joint tenants. Only one tenant has been named in this application. Only that tenant has been served with the landlord’s request to end the tenancy.
- Where there are joint tenants, and a landlord applies to terminate the tenancy, all tenants should be named in the application and must be given the opportunity to attend the hearing.
- The landlord suggested that the other tenant did not need to be named in this application because he has also moved out of the property. That is incorrect. Further, no evidence was provided to support the assertion that the other tenant has moved out.
- The application for termination is dismissed.
- Where there is a joint tenancy, the landlord has the option to bring monetary claims against either or both of the tenants. In this instance, the landlord has established that rent of $2,100 was owed to 26 October 2023. Mr Campbell must pay that amount from the bond of $2,800.
- The landlord wanted to amend the claim to include other compensation and disposal orders. Those requests were not served on Mr Campbell, so were not considered at this hearing.
- I do not consider that the landlord was substantially successful with its claims. Its primary objective was termination of the tenancy, and it did not succeed with that application. As such, I have declined to grant suppression or reimburse the filing fee.