Published tribunal order
Tenancy Tribunal case 5515774 — Rent arrears
Decided 24 Jun 2026 · Published 24 Jun 2026 · Application 5515774
- 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 names and identifying details of both parties.
- The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
- The Bond Centre is to pay the bond of $2,360.00 ([suppressed]) to [The landlord/s] immediately.
- [The tenant/s] must pay [The landlord/s] $2,893.71 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the hearing via videoconference. The tenant did not.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
- The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
- On 30 April 2026, the landlord was informed by the property manager that the tenant was withdrawing from the tenancy under the family violence provision. However, despite efforts by the property manager, no evidence of actual family violence was able to be obtained.
- As there was no evidence of family violence, I find that the premises was abandoned as of 1 May 2026. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
- The tenancy was originally for a fixed term ending 7 August 2026. As there is no evidence to substantiate the family violence termination, the tenant must pay rent until the end of the tenancy. As the tenancy is terminated today, the tenant is liable to pay rent up to today. I order the tenant to pay the landlord $5,225.71 as rent arrears.
- Further to this, as the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.
- The bond of $2,360.00 is to be released to the landlord to offset the amount payable by the tenant.
- The bond is held under the name of the property management company. Therefore, the bond will be released to the property management company.