Published tribunal order
Tenancy Tribunal case 5250301 — Rent arrears
Decided 11 Jun 2025 · Published 11 Jun 2025 · Application 5250301
- 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.
- The tenancy of Amy Clare Beasley at [Tenancy address suppressed] is terminated, and possession is granted to the landlord, at 5pm on Monday, 16 June 2025.
- Amy Clare Beasley must pay the landlord $$2,.707.00 immediately, being $2,680.00 rent arrears and rent to 16 June 2025 and the filing fee of $27.00.
Reasons
- Only the landlord attended the hearing.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
- Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
- The landlord served a 14-day notice on the tenant on 17 April 2025. The notice was served because the General Manager of the Body Corp, of which the premises is a part, wrote to the applicant as follows: Multiple neighbouring units have sent in serious complaints regarding your tenant who has recently moved into the complex, and have requested that you issue a 90-day notice to terminate this tenancy and evicting the tenants. Complaints include:
- Anti-social behaviour: Domestic violence is occurring day and night, which has incited at least one Police callout. Your unit interior may have been damaged based on the heavy banging/crashing noises that neighbours could clearly hear from several units away.
- Suspicion of drug use/dealing: Multiple non-residents have been witnessed visiting your unit for short periods of time at all hours. The tenants have been witnessed smoking and behaving in strange ways, indicated that they may be using illicit substance.
- Intimidating/threatening behaviour: Other residents have reported your tenants and their visitors swearing and yelling constantly. This can be heard throughout the complex.
- Theft: Your tenant has been recorded digging up and taking away plants from around the property along the walkways between 11:00p.m. to 2:00a.m. The tenants have also been recorded 'scoping out' other units at 1-3 Milne and 5-7 Milne at odd hours, and discussing which units at the properties appear to be empty.
- Parking: Your tenants are repeatedly parking on the berm, footpath, and yellow lines, in front of the property, which is in breach of Council bylaws and is causing damage to the grass and potentially to the underground services.
- On 30 April the landlord received a further letter from the Body Corp stating that they BC had received a further complaint of erratic behaviour of the persons permitted at the premises.
- I am satisfied that the tenant has breached their obligations by causing or permitting any interference with the reasonable peace, comfort, or privacy of any person residing in the neighbourhood. See section 40(2)(c).
- It is clear from the evidence that the tenant did not remedy the breach within the required period and the breaches are ongoing.
- It would be inequitable to refuse to terminate the tenancy because the disruption is to several neighbours, the breaches of neighbours peace and comfort has been happening for over 2 months and is ongoing. The frequency of visitors, their short stay at the premises and the time of day of visits suggests that the tenant is permitting some type of drug activity at the premises. Termination for rent arrears.
- The landlord applied for the Tribunal to make an order for rent arrears.
- The landlord gave a 14 day breach notice to the tenant dated 29 May 2025.
- The landlord has provided rent records today which prove that the amount owing today is more than 21 days in arrears. Section 56(2) Residential Tenancies Act 1986 provides as follows: Where an application is made by a landlord under this section and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55, the Tribunal shall determine the matter as if an application had been made under that section.
- Section 55(1)(a) RTA provides that the Tribunal may terminate the tenancy where the rent is at least 21 days in arrears. Summary regarding termination
- Because the tenant has not remedied the breach of disturbing the neighbours’ peace and comfort nor remedied the breach of rent arrears and rent arrears are more than 21 days in arrear, it is reasonable to terminate the tenancy by Monday, 16 June 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.