Published tribunal order
Tenancy Tribunal case 4788459 — Rent arrears
Decided 15 Mar 2024 · Published 15 Mar 2024 · Application 4788459
- Rent arrears
Party names are redacted in the official published order.
Order
- [The tenant/s] must pay Reh Property Management Limited As Agent For Michael Noaro $243.22 immediately, being rent arrears to Thursday 21 March 2024 of $942.78 and the application filing fee of $20.44; less the partial bond release of $720.00.
- The Bond Centre is to pay $720.00 from the bond to Reh Property Management Limited As Agent For Michael Noaro immediately. The balance of the bond of is to remain at the Bond Centre. Jackson Barrett is to be removed as a named tenant in the bond record.
- [redcated] is removed as second tenant with immediate effect.
Reasons
- Both parties attended the hearing, conducted via video conference. Jackson Barrett did not answer the two calls made to him.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
- This is a fixed-term tenancy that commenced 11 August 2023. It is fixed until 22 November 2024. One tenant was removed from the agreement on 23 December 2023. Two remained. One remains at the premises and has been paying rent as due. The landlord is supportive of his continuing. The other has left the region and expressed his desire to be removed from the tenancy agreement. This is ordered after ensuring rent arrears to date have been addressed, through the release of the bond in part. The remaining tenant understands that the removal of the exited tenant from the tenancy agreement leaves him as the sole tenant at this stage, with any future tenant liability solely his until such time additional tenants are added to the tenancy agreement. Application Filing Fee
- Because Reh Property Management Limited As Agent For Michael Noaro 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party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the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.
- Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- Given the circumstances leading to this application I have exercised my initiative to suppression the tenant details. This was supported by the landlords who concurred that publication would adversely, and inappropriately, impact the tenant beyond any likely public interest.