Published tribunal order
Tenancy Tribunal case 5084328 — Rent arrears at Unit/Flat A, 182 Queen Street, North Dunedin, Dunedin
Decided 12 Feb 2025 · Published 12 Feb 2025 · Application 5084328
- Rent arrears
- Property damage
Party names are redacted in the official published order.
Order
- Applications for suppression have been made in this case, and the Tribunal orders suppression of the Tenants’ and Landlord’s names and identifying details.
- [The tenants ES and CD] must pay [The landlord/s] $231.63 immediately, as calculated in the table below.
- The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- This application was scheduled to be heard by videoconference. Four of the five tenants attended by phone. My two phone calls to the remaining tenant (TLW) went unanswered and the hearing proceeded in his absence.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing as at the expiry of the fixed term on 31 December 2024.
- The landlord has also made a claim for the cost of repairing a broken door. Two of the tenants (ES and CD) accepted responsibility for this cost and so, with the approval of the landlord, I have made these two tenants responsible for it rather than ordering all of the tenants to pay this cost.
- Further to this I am ordering the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against them.
- The landlord and the tenants have applied to have their names suppressed.
- Section 95A of the Residential Tenancies Act 1986 (RTA) provides that: (1) The Tribunal may, on the application of any party to the 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order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or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.
- I am ordering suppression of the landlord’s name pursuant to s95A(3) RTA.
- I am also ordering suppression of the tenants’ names pursuant to s95A(1) RTA because I accept the evidence provided today which indicates that the tenant who was not present at the hearing was largely responsible for the rent arrears and I consider that it would therefore be unfair for the remaining tenants to be disadvantaged by having their names published. I have also taken into account the landlord’s support for suppression of the tenants’ names.
- I note that I am unable to differentiate between tenants in terms of suppression so all of the tenants’ names have been suppressed, C ter Haar 12 February 2025