Published tribunal order
Tenancy Tribunal case 5320339 — Rent arrears
Decided 27 Nov 2025 · Published 27 Nov 2025 · Application 5320339
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the Tenants and the Landlord names and identifying details.
- By way of declaration: a. the tenancy of [Tenant 1] and her liability for rent at [Tenancy address suppressed] ended on 1 August 2025; b. the tenancy of [Tenant 2] and her liability for rent at [Tenancy address suppressed] ended on 9 August 2025.
- The tenancy of [Tenant 3] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5pm on Monday 22 September 2025.
- The Bond Centre is to pay the bond of $3,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.
- [Tenant 3] must pay [The landlord/s] $4,380.00 immediately, calculated as shown in the table below.
- The cross application filed by the Tenants 1 and 2 is withdrawn.
- These orders are made by consent of the parties present at the hearing in full and final settlement of all claims the parties present at the hearing have against each other in relation to the tenancy.
Reasons
- All parties attended the hearing by video except the [Tenant 3] (“the remaining tenant”) who did not join the video link. The Tribunal telephoned him at the cell phone number provided in the application but the call was not answered. I am satisfied that he received notice of the hearing and did not attend.
- Two of the tenants withdrew from the tenancy for family violence under section 56B Residential Tenancies Act 1986 (RTA) and their tenancies ended as recorded in order 2 above. Their liability for rent also ended as at the withdrawal dates.
- Section 56B(5) RTA provides as follows: For the period of 2 weeks beginning with the day after the date of the withdrawal, the rent payable for the premises is reduced to an amount calculated in accordance with the following formula: a = b ÷ c × d where— a is the rent payable for the 2-week period b is the rent that would otherwise have been payable for the 2-week period c is the number of tenants immediately before the withdrawal d is the number of remaining tenants.
- Following the withdrawals, the rent has been reduced in accordance with the above formula, with rent summarised as follows: a. Rent owed to 1 August 2025 has been calculated at the full rate of $840/week and is owed by all three tenants. b. Rent owed from 2-9 August 2025 has been calculated at the reduced rate of $560/week and is owed by the two remaining tenants at that point; c. Rent owed from 10-23 August 2025 has been calculated at the reduced rate of $280/week and is owed by the one remaining tenant at that point; d. Rent owed from 24 August to 22 September 2025 has been calculated at the full rate of $840/week and is owed by the one remaining tenant at that point.
- The landlord has also applied for termination of the tenancy of the remaining tenant, rent arrears and refund of the bond.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) RTA.
- The landlord provided rent records which prove the amounts owed.
- The bond is to be refunded to the landlord and will cover the arrears owed to 9 August 2025. The balance arrears for the period 10 August to 22 September 2025 is owed by the last remaining tenant only.
- Section 95A(1A) RTA provides that the Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B RTA, order that the name and any identifying particulars of the parties not be published. Orders are made accordingly.