Published tribunal order
Tenancy Tribunal case 4973575 — Rent arrears
Decided 26 Sept 2025 · Published 26 Sept 2025 · Application 4973575
- Rent arrears
Party names are redacted in the official published order.
Order
- If the tenant complies with the conditions set out at paragraphs 4 and 8 below the tenancy of QingLiang Zhang at [Tenancy address suppressed] will end at midnight on Tuesday 31 December 2024, and possession will be granted to [The landlord/s].
- QingLiang Zhang owes [The landlord/s] $3,927.00 being rent arrears to Wednesday 30 October 2024 of $3,900.00 and the filing fee.
- QingLiang Zhang must pay current rent and the rent arrears as follows: a. The current rent of $1,300.00 must be paid each week before 5pm every Thursday. The first payment is due by 5pm on Thursday 31 October 2024. b. The rent arrears must be paid by weekly instalments of $100.00 before 5pm every Thursday. The first payment is due by 5pm on Thursday 31 October 2024.
- Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
- If the tenant fails to pay the current rent or the rent arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The filing fee is payable immediately.
- The tenant must return the interior and exterior of the premises to a reasonably clean and tidy condition by 5pm on Saturday 30 November 2024.
- If the tenant fails to comply with paragraph 8 above, the landlord may request (without any additional application) a further hearing to determine whether the condition has been complied with, and if not, to terminate the tenancy.
Reasons
- Both parties attended the hearing today
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- The tenant initially said he wanted time to check the accuracy of the rent arrears but acknowledged that he received the application and knew that termination was sought for outstanding rent. The tenant did not present any evidence to show that the rent arrears are less than claimed.
- As the discussion developed it transpired that the tenant also wants to end the tenancy agreement but needs further time to tidy the premises and find alternative accommodation for his friends who are living there (the tenant said he does not live at the tenancy address).
- The parties ultimately agreed that the tenancy will end on 31 December 2024 at the latest. This is conditional on the tenant paying the weekly rent of $1,300.00 plus $100.00 each week towards the arrears. It is also conditional on the tenant removing the rubbish inside and outside the property within 1 month.
- The landlord provided photographs showing mounds of piled up rubbish. Outside, this includes cardboard boxes, plastic bags, some furniture, pallets, packaging, and waste materials. A large shed has similar items. Some of the plastic bags may contain insulation or other building materials. Inside, one room is completely full of furniture. The Tribunal is concerned that the rubbish is a health and safety risk.
- It is important to note that the tenant is required to ensure the premises are reasonably clean and reasonably tidy, and this obligation is not limited to the items identified in this order or the photographs. If the landlord considers that this condition has not been complied with, it will be necessary to convene a further hearing to confirm the position and, if the Tribunal is satisfied the condition is breached, to make a termination order. The Tribunal will expect the landlord to provide photographs showing that the premises have not been returned to a reasonably clean and tidy condition.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. Filing fee and name suppression
- The landlord has succeeded in obtaining a conditional termination order. I award the filing fee.
- The landlord is granted suppression, as requested.