Published tribunal order
Tenancy Tribunal case 4796130 — Rent arrears
Decided 21 Mar 2024 · Published 21 Mar 2024 · Application 4796130
- Rent arrears
Party names are redacted in the official published order.
Order
- The tenancy of Carlin James Graham at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5:00pm on Monday 11 March 2024.
- Carlin James Graham is allowed until 5:00pm on Wednesday 13 March 2024 to move out.
- Carlin James Graham must pay [The landlord/s] $3,485.44 immediately, calculated as shown in the table below:
- It is an unlawful act for a landlord to fail to lodge a bond within 23 working days of receiving it.
Reasons
- Both parties attended the hearing today. The tenant attended by telephone.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- Rent was at least 21 days in arrears on the date the application was filed.
- No rent has been paid for 12 weeks. The rent owing is now $4,620.00.
- The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- It is too late for the tenant to offer to make payments.
- The Bond Centre does not hold a bond.
- The Registrar telephoned the landlord after the hearing and the landlord confirmed that the bond of $1,155.00 has not been lodged.
- The landlord still holds the bond of $1,155.00. I have deducted this from the amount owing.
- It is an unlawful act for a landlord to fail to lodge a bond within 23 working days of receiving it and a maximum fine of $1,500.00 may be awarded; s19 RTA.
- Because [The applicant/s] has wholly succeeded with the claim I must also order the tenant to pay the filing fee.
- The amount owing by the tenant is $3,485.44.
- The landlord’s name is suppressed as applied for.