Published tribunal order
Tenancy Tribunal case 5299218 — Rent arrears
Decided 7 Jan 2026 · Published 7 Jan 2026 · Application 5299218
- 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 Joe Doyle at [Tenancy address suppressed] is terminated, and possession is granted to [the landlord], at 5:00pm on Thursday 11 September 2025.
- Joe Doyle must pay [The landlord] $4,182.29 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,560.00 ([Bond number suppressed]) to [the landlord] immediately.
- [The landlord] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
- The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
- No other party, other than the tenant, has the lawful right to occupy the premise. Anyone else found to still be living at the premise are to be defined as squatters and are to be evicted and trespassed as squatters who have no lawful right to occupy the premise pursuant to s65 of the RTA.
Reasons
- The landlord attended the hearing. The tenant did not.
- I am satisfied that the tenant had received proper notice of the hearing time, date and place, was aware of the hearing but could not attend as he is currently incarcerated.
- The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
Should the tenancy be ended?
- The landlord issued the tenant a lawful, valid and enforceable 90-day notice on 23 May 2025 terminating the tenancy on 28 August 2025.
- When the landlord went to the premise on 29 August 2025 to conduct the exit inspection, he found the property still full of items of no value, the tenant was in jail and a [squatter] was squatting in the premise without any lawful right to occupy it. The landlord believes she may be or have been in a relationship with the tenant, but confirms she is not named on the tenancy agreement and has no right to occupy the premise (refer to s65 of the RTA).
- Additionally, rent was at least 21 days in arrears on the date the application was filed, being 2 July 2025. No further rent has been paid since that date. The tenant’s tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord provided rent records which prove the amount owing as at 28 August 2025, when the tenancy should have ended. Disposal of goods
- The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
- The landlord is unable to contact the tenant as he is incarcerated. He is unsure which prison the tenant is currently residing in or how to get hold of him.
- It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Reimbursement of filing fee
- Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
- Because [the landlord] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
- The landlord applies for non-publication of its name and identifying details.
- 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 wholly succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
- Non-publication is ordered.