Published tribunal order
Tenancy Tribunal case 5118348 — Rent arrears
Decided 21 Mar 2025 · Published 21 Mar 2025 · Application 5118348
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
- Natalia Kay Batton owes the landlord $2,987.00, being $2,960.00 for rent to 27 March 2025 and $27.00 for the filing fee. Unless Natalia Batton pays $2987.00 by 27 March 2025, 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.
- If the full amount of arrears is paid by 27 March 2025, the tenancy of Natalia Batton at [Tenancy address suppressed] will continue.
Reasons
- Only the landlord attended the teleconference hearing. The tenant was phoned twice but calls went to voicemail on each occasion.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and the filing fee.
Should the tenancy be terminated?
- Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
- Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated, however the landlord has requested that the Tribunal makes that order for termination conditional on the tenant not paying the overdue rent.
How much does the tenant owe?
- The landlord provided rent records which prove the amount owing to 27 March 2025. Filing Fee
- Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant. Suppression
- The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the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.
- The landlord has substantially succeeded with the claim and therefore name suppression is granted.