Published tribunal order
Tenancy Tribunal case 5422525 — Rent arrears
Decided 22 Jan 2026 · Published 22 Jan 2026 · Application 5422525
- 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.
- [The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately.
- John Wallace and Gerald Wayne Moana must pay [The landlord/s] $3,872.21 immediately, being rent arrears from 5 May 2025 to 22 January 2026.
- John Wallace and Gerald Wayne Moanamust pay [The landlord/s] $3,872.21 immediately, being rent arrears to 4 May 2025.
- The Bond Centre is to pay the bond of $2,100.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- The landlord attended the hearing which was conducted remotely. Neither tenant attended by the video link provided to them in the notice of Hearing nor called the number to join the hearing which had also bene provided to them. The hearing proceeded in their absence.
- The landlord has applied for possession of the premises following the termination of the tenancy together with an order for rent arrears, refund of the bond and reimbursement of the filing fee. Possession
- This was a fixed tenancy that was due to end on 31 December 2025.
- On 20 November 2025 the Landlord served a notice advising the tenants that the fixed term tenancy would not be renewed on its expiry date of 31 December 2025 and accordingly vacant possession was required on that date. This notice complied with the requirements of the Residential Tenancies Act 1986.
- The tenants remain in possession.
- Tenancy ended on 31 December 2025 which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied and immediate possession is granted to the landlord. Rent arrears
- At the date of vacation of the previous tenant, who jointly held the tenancy with Mr Wallace senior, the rent arrears were $813.00. The landlord was unaware at that time of the rent arrears so accordingly assigned one third of the bond back to the departing tenant. He then became aware of the rent arrears. As all tenants in a tenancy agreement are jointly and severally liable for any monies owing under the agreement, that is either both liable or individually for the whole debt, Mr Wallace as the remaining tenant at 4 May is liable for rent arrears to that date.
- The remaining rent arrears to 22 January 2026 are the joint and several liability of both Mr Wallace and Mr Moana.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and suppression as requested is granted.
- The landlord had made a claim for compensation but it is not quantified at this stage so once that claim is finalised a new claim may be filed.