Published tribunal order
Tenancy Tribunal case 5349861 — Rent arrears
Decided 3 Oct 2025 · Published 3 Oct 2025 · Application 5349861
- 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] name and identifying details.
- Robert Cargill and Jenifer Cargill must pay [The landlord/s] $6,083.64 immediately, in accordance with the table below.
Reasons
- Both parties attended the hearing.
- The tenancy in this matter commenced on 5 July 2024 and was for a fixed term until 18 January 2026. The weekly rent was $720 per week.
- The tenant advised the landlord they could not afford to pay the rent and wanted to leave. The tenants eventually advised the landlord on 11 July 2025 that they would be leaving the premises on 29 July 2025.
- During the hearing, the tenant gave evidence about a number of faults they had experienced with the property. These included unlevel pavers, a faulty fire and gas heater, the house was cold, the rent was too high and there were cockroaches. They have filed no application regarding those issues, which are contested by the landlord.
- There is only an application before me by the landlord.
- The tenants have signed a fixed term tenancy. They are liable to pay the rent in theory up until the date the tenancy ends. The landlords have however mitigated their loss by getting in a new tenancy, who is paying a reduced rent of $660 per week. There is therefore a shortfall that the landlord is seeking.
- The landlord is entitled to the rent they are claiming. The tenants must pay rent up until the date the new tenant moved in. They must also pay the shortfall amount that is claimed. I consider that to be a reasonably foreseeable loss.
- The claim is proven.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
- The landlord is entitled to name suppression because they have succeeded.