Published tribunal order
Tenancy Tribunal case 5441151 — Rent arrears
Decided 29 Apr 2026 · Published 29 Apr 2026 · Application 5441151
- Rent arrears
Party names are redacted in the official published order.
Order
1
- An application for suppression has been made in this case, and the Tribunal orders suppression of the name and identifying details of the landlord and two tenants, [suppressed].
- Emma Wallace must pay [The landlord/s] $408.00 immediately, as calculated in the table below:
- The Bond Centre is to pay $760 from the bond (BN-00032075) to Isles Construction Limited immediately.
- The balance of the bond remains.
Reasons
- The tenant, [tenant D] and the landlord, represented by Ms [suppressed], attended the hearing. 1 Amended order to clarify bond partial payment.
- As recorded in a minute dated 4 March 2026, the landlord’s application is against the tenant, Emma Wallace, who left the tenancy in January 2026.
- The notices of hearing and have been sent to the email address Ms Wallace provided on the tenancy agreement. The landlord has provided evidence that email correspondence was received from that email address on 7 January 2026. I am satisfied that she had notice of the hearings on 4 March and today, 28 April 2026.
- In November 2025 the landlord entered into a fixed-term tenancy with [Tenants B and C]. A third tenant was later joined and that third tenant was then replaced with [Tenant D]. A variation of tenants form has been provided.
- The landlord applied for termination and rent arrears against Emma Wallace only, who had left the flat and stopped paying rent. She tried to give notice by text, but because this is a fixed-term tenancy, she is liable for rent until 14 November 2026.
- According to the tenancy agreement, this is not a room-by-room tenancy. That means: a. all three tenants are jointly and severally liable for the rent until the end of the tenancy; b. if Emma Wallace is to be removed from the tenancy, either the tenancy must be terminated, or it must be varied with her signature or by order of the Tribunal.
- That does not prevent the landlord from seeking rent arrears from Ms Wallace only. However, because the other two are tenants on the agreement, and the tenancy may be terminated, the hearing was adjourned to enable them to be joined as parties.
- The landlord has decided to seek rent arrears from the date Ms Wallace stopped paying rent until the date of the hearing. Her share of the rent was $190 a week and they seek rent for 6 weeks from 21 January 2026 to 4 March 2026. They have provided rent records showing that the rent arrears.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
- The remaining parties may now choose to enter into a new agreement.