Published tribunal order
Tenancy Tribunal case 5325899 — Tenancy dispute
Decided 10 Sept 2025 · Published 10 Sept 2025 · Application 5325899
- 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 and tenant’s name and identifying details.
- [The tenant/s] must pay [The landlord/s] $912.87 immediately, being rent arrears to 27 July 2025.
- [The tenant/s] must pay [The landlord/s] $377.14 immediately, being rent arrears from 28 July 2025 to 11 September 2025. Background:
- [Property Manager], Property Manager, and [Operations Manager], Operations Manager, appeared for the landlord.
- [Tenant] appeared and was supported by [support person].
- [Tenant] appeared . She was supported by an unnamed third party whose details were to have been forwarded to the Tribunal but were not forthcoming.
- The tenancy commenced on 23 August 2024 with the fixed term expiring on 24 August 2025, thereafter the tenancy became periodic.
- On 24 July 2025 [tenant] withdrew from the tenancy in accordance with section 56B of the Residential Tenancies Act 1986 (the “Act”). The last day of [tenant’s] tenancy was 27 July 2025.
- On 13 August 2025 the landlord filed an application with the Tribunal seeking an order for rent arrears and reimbursement of the filing fee.
- The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Act.
How much rent is owing?
- The landlord produced up to date rent records which prove the amounts owing.
- The landlord seeks rent arrears totalling $912.87 from both tenants to midnight on 27 July 2025.
- [Tenant] accepted the arrears owing but claimed the debt should be recovered from [tenant]. [Tenant] stated that [tenant] did not pay rent for the duration of their relationship while living at the property.
- [Tenant] accepts the arrears owing but states [they] should not have to pay as [they] left the property on 18 June 2025 due to family harm and was paying rent to live elsewhere.
- The Tribunal explained to the tenants the limits of its jurisdiction as set out by the Act. They were advised that any claim they may have against the other was outside of the jurisdiction of the Tribunal.
- The Tribunal is satisfied that the tenant’s are jointly and severally liable for the debt to midnight on 27 July 2025 and the amount claimed is ordered.
- The landlord seeks rent arrears totalling $377.14 from [tenant] for the period 28 July 2025 to 11 September 2025 following [tenant’s] withdrawal from the tenancy. The amount claimed has been calculated in accordance with section 56B(3)(d) & (5) of the Act.
- [Tenant] took no issue with the amount sought. The amount claimed is ordered. Costs
- The landlord did not seek costs noting that the tenant had already reimbursed them for the filing fee. Name suppression
- Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
- The landlord has been wholly successful and is granted name suppression.
- The Tribunal orders suppression of the names and identifying details of the tenants given the allegation of family violence. M Feist 10 September 2025