Published tribunal order
Tenancy Tribunal case 4894427 — Rent arrears
Decided 16 Jul 2024 · Published 16 Jul 2024 · Application 4894427
- Rent arrears
Party names are redacted in the official published order.
Order
- Bossaleen Hetaraka must pay [The landlord/s] $5,971.43 immediately, calculated as shown in table below:
Reasons
- The landlord attended the hearing. The tenant did not attend.
- The landlord had applied for termination and rent arrears. Does the tribunal have jurisdiction to order termination of a boarding house tenancy?
- The tenancy relates to a stand-alone house which has eight rooms available to rent. Each room is for a single-person, furnished with a single bed. The landlord does not live in the property.
- The parties entered into a boarding house agreement dated 14 March 2024 and the tenancy commenced the same day. The tenant currently occupies the room.
- Section 66A(2) of the Residential Tenancies Act 1986 (the Act) specifies that sections 55 – 57 of the Act, which set out the ways the Tribunal may order termination, do not apply to boarding house tenancies. Under s 66U of the Act, the landlord of a boarding house tenancy may terminate the tenancy by giving notice in one of the specified ways. An application to the Tribunal will only be necessary where the landlord seeks an order for possession after a tenant has failed to quit the premises within the period specified in the notice. See s 66Y of the Act.
- In this case, the landlord has not given notice of termination of the tenancy in accordance with s 66U of the Act. The Tribunal therefore does not have jurisdiction to order termination. The landlord must follow the procedure outlined at s 66U of the Act, and if necessary, s 66Y of the Act.
How much is owed for rent?
- The landlord has provided records which prove the tenant has not paid rent since the week of 25 April 2024. The landlord has provided records which prove the amount of rent owing as at the end of 15 July 2024 is $5,971.43.
- An order for rent arrears is made accordingly.