Published tribunal order
Tenancy Tribunal case 4932296 — Rent arrears at Unit/Flat 4, 1 Torrington Avenue, Frankton, Hamilton 3204
Decided 9 Sept 2024 · Published 9 Sept 2024 · Application 4932296
- Rent arrears
Party names are redacted in the official published order.
Order
- [The tenant/s] must pay [The landlord/s] $1,477.00 immediately, calculated as shown in the table below:
- The Bond Centre is to pay the bond of $1,200.00 [Bond number suppressed] to [The landlord/s]
Reasons
- [The landlord’s representative/s] attended the teleconference hearing on behalf of the landlord, along with the tenant, [The tenant/s].
- The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee. During the hearing, the landlord withdrew the claim for termination of the tenancy, and made a verbal application for refund of the bond in full.
- Both parties agreed that the tenancy ended on 15 August 2024.
- The landlord has provided rent records which prove the amount owing to 15 August 2024, the end of the tenancy, which is $2,650.00. The tenant agreed that amount sounded correct in terms of what he likely owed in rent. Filing fee
- Because [The landlord/s] has been successful with the claim I must reimburse the filing fee. Refund of the bond
- The tenant consented to the landlord verbally apply at the hearing for refund of the bond, and he consented to the full bond of $1,200.00 being paid to the landlord to apply towards the tenant’s rent arrears.
- The Bond Centre is to pay the bond of $1,200.00 [Bond number suppressed] to [The landlord/s] Suppression
- Both parties requested name suppression. As the landlord has been successful with the claim, they are entitled to name suppression. Therefore, I order that the landlord’s name and identifying details not be published.
- Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interest 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order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- The tenant was cooperative in attempting to repay the rent arrears in consenting to the bond refund claim being made verbally and to the payment of the full bond to the landlord towards his rent arrears. The tenant said he has had three close family members pass away recently and has suffered financially as a result, which has caused these issues. He said he made effort to leave the property undamaged and clean when he vacated the premises, and is keen to arrange for payments towards the debt. In the circumstances, I find the tenant’s interests outweigh the public interest in publishing his name. Therefore, I order that the tenant’s name and identifying details are not to be published.