Published tribunal order
Tenancy Tribunal case 5259780 — Rent arrears at 58B Ellice Street, Mount Victoria, Wellington 6011
Decided 30 Jun 2025 · Published 30 Jun 2025 · Application 5259780
- 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.
- Matthew Goggin will pay the landlord $27 dollars immediately being the application filing fee. Orders By Consent
- The tenancy of the premises at 58B Ellice Street, Mount Victoria, Wellington 6011 ended on Thursday 26 June 2025.
- The tenant will pay the landlord $562.50 immediately being rent arrears to Thursday 26 June 2025.
- The tenant will collect his belongings and furniture from 58B Ellice Street, Mount Victoria, Wellington 6011 between 9.00 am and 12 midday on Thursday 3 July 2025.
- The tenant will leave the key on the dining room table on 3 July 2025 after he has collected his belongings.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination and possession of the premises, rent arrears, bond arrears, and termination of the tenancy because of breaches of quiet enjoyment.
- The parties have negotiated an end to Mr Goggin’s tenancy and signed an early departure agreement. I have made orders by consent to record the agreements which resolve the landlord’s application to the Tenancy Tribunal. There are other agreements in the early departure order which are not relevant to the application, but which remain relevant between the parties.
- The payment of the bond is no longer a relevant claim and was not considered at the hearing. The claim for termination because of breaches of quiet enjoyment is not relevant because of the agreement to end the tenancy, and was not considered either.
- The parties could not agree on whether the tenant should pay rent to 3 July 2025 because the tenant still has belongings and furniture in the room. I have decided this claim can wait. The landlord can bring another claim for rent/storage costs to 3 July 2025, and any other claims that arise, if he chooses. Other orders
- Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
- The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name will be published because I find there is public interest when tenants owe money at the end of a tenancy. See section 95A Residential Tenancies Act 1986 (RTA).