Published tribunal order
Tenancy Tribunal case 5301401 — Rent arrears
Decided 31 Jul 2025 · Published 31 Jul 2025 · Application 5301401
- 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 ended on the 19 July 2025.
- The tenant owed the landlord $2680 in rent to that date.
- The landlord is entitled to apply the bond he is holding of $2680.00 towards the rent arrears.
Reasons
- The landlord attended the hearing on the 30 July 2025. The tenant was called 3 times on the phone number in the application. I also checked the phone number with the landlord, and he confirmed the number to be correct. None of the calls to the tenant were answered and I have proceeded in her absence.
- The landlord is seeking termination of the tenancy on many grounds: a. That the tenant owed more than 21 days in rent at the date of the application. b. That the tenant has breached the quiet enjoyment of her neighbours by acting in an antisocial manner and by yelling at her neighbours. c. That the tenant has and continues to breach her tenancy agreement by having more than one dog at the property. d. That the landlord has given 3 notices for nonpayment of rent. e. That the landlord has given 3 notices for anti-social behaviour.
- The tenant is on a fixed term tenancy agreement, the ability to terminate a tenancy for recidivist behaviour (3 x nonpayment of rent or 3x antisocial behaviour) can only be made if the tenancy is periodic not fixed, and therefore the application to terminate under those grounds (d & e) above is dismissed.
- The landlord tells me that since filing the application the tenant has vacated the tenancy by agreement on the 19 July 2025.
- The landlord took possession of the property on the 20 July. There is therefore no need for me to make a termination or possession order.
- The landlord says that the tenant did not pay any further rent since the 8 July when the application was made. The landlord seeks permission to use the bond of $2680 that he has held to pay the rent arrears.
- The landlord has provided a rent ledger which supports his claim for rent arrears. I make no award for the rent arrears as the landlord can use the bond he is holding to pay the arrears.
- I caution the landlord on withholding the bond. Landlords are required to pay any bond paid to the Bond Centre within 23 working days of the bond being paid. The landlord should have done this.
- I make no award for the filing fee, as the landlord has not been wholly successful in his claim but grant the landlord name suppression as requested because he has been partly successful.