Published tribunal order
Tenancy Tribunal case 4782861 — Rent arrears
Decided 28 Feb 2024 · Published 28 Feb 2024 · Application 4782861
- Rent arrears
Party names are redacted in the official published order.
Order
- The tenancy of Filomena N Belford at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Friday 1 March 2024.
- Filomena N Belford must pay [The landlord/s] $1,970.44 immediately as calculated below:
Reasons
- The landlord attended the hearing I held by phone on 27 February 2024. The tenant did not attend. The registrar’s calls to the tenant went to voice mail.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
Should the tenancy be terminated?
- Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986 (RTA).
- Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
- The landlord provided rent records which prove the amount of rent owing at the date of the hearing. The next rent payment is due today. The tenant remains liable for rent until she vacates the tenancy.
- The Bond Centre has no record of the bond. I have deducted the bond amount (confirmed by the landlord) from the amount of rent owing by the tenant. The landlord is authorised to keep the bond.
- As the application is successful the tenant must pay the landlord’s Tribunal filing fee.
- The landlord sought a name suppression order and is entitled to an order because the application is wholly successful – see section 95A RTA.