Published tribunal order
Tenancy Tribunal case 4779521 — Tenancy dispute
Decided 18 Mar 2025 · Published 18 Mar 2025 · Application 4779521
- Cleanliness
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 tenant and landlord’s name and identifying details.
- BY CONSENT: In full and final settlement of all applications made and claims arising from this tenancy by either party [The tenant/s] agree to pay [The landlord/s] $8,456.59 as follows:
- [The tenant/s] must pay [The landlord/s] $6,056.59 by 5pm on 25 February 2025; and a. $2,400 is to be paid to [The landlord/s] by the release of the Bond held at the Bond Centre. ($6,056.59 + $2,400 = $8,456.59)
- The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) [The landlord/s] immediately.
- BY CONSENT: All claims between the parties are dismissed.
Reasons
- This was the third time the parties had come before me in this claim.
- This hearing was for me to hear the remaining claims from both parties. Both the landlord ([Landlord 1]) and the three tenants attended.
- The claims made by both parties are set out in my orders dated 26 November 2024 and 28 March 2024. The landlord had also since filed a claim for cleaning.
- The landlord was slightly late to the start of the hearing. I accommodated a later start because the lateness was caused by confusion in notices sent as this hearing had been listed for two days. The hearing began just after 10am. Settlement of the case
- Both parties wanted to seek resolution to all of the matters rather than pursue the claims they had bought.
- [The tenant/s] agreed to pay a total of $8,456.59 to [The landlord/s] in full and final settlement of all matters arising from this tenancy including the claims they had bought and all of the claims the landlord had bought. This was the amount of rent arrears they considered payable. The landlord agreed to settle on this basis.
- The parties agreed that the bond is to be released from the Bond Centre towards the payment of the $8,456.59. The bond is for $2,400. This is to be released to [The landlord/s]. This leaves $6,056.59 for [The tenant/s] to pay.
- [The tenant/s] say they need time to pay and so the landlord agreed the sum should be paid by 25 February 2025 rather than immediately.
- After 25 February 2025, the landlord may choose to enforce the order via Collections. However, to avoid this, the parties discussed a potential payment plan for the $6,056.59. This is because the tenants suggested they may need more time. A tentative plan was put forward. It is for the parties to communicate and agree any payment plan for the $6,056.59. In the absence of that the landlord can enforce the order (once the payment date has passed).
- Because settlement has been achieved in full and final settlement of the applications bought and all matters arising from the tenancy the claims of the landlord and the tenant are dismissed. Suppression
- Both parties asked for name suppression in their applications.
- Under Section 95A(1) RTA suppression order must be granted if on the application of a party that has wholly or substantially succeeded in proceedings. Suppression may be also ordered having regard to the interests of the parties and public interest under Section 95A(4) RTA.
- In this case the parties managed to reach a resolution and therefore both have had an element of success. This resolution could have been reached by way of a mediation, but, it was expedient to deal with it at the hearing scheduled. Mediation would have been confidential. It is in the public interest that parties resolve their dispute their disputes.
- I therefore have ordered name suppression to both parties.