tenant
📖 What is tenant? Meaning and definition
A tenant is the party in a tenancy agreement who occupies a property and is responsible for paying rent to the landlord. The Tenancy Tribunal frequently deals with cases involving tenants, such as applications for rent arrears or termination of a tenancy.
Tenants have responsibilities, including ensuring rent is paid on time. If rent is not paid, the landlord may apply to the Tenancy Tribunal for orders, such as payment of arrears or termination of the tenancy. However, if a tenant clears the arrears before or during the hearing, the application for termination may be dismissed, though the tenant might still be ordered to pay the landlord's filing fee.
Tenants can attend Tenancy Tribunal hearings, sometimes with assistance like an interpreter, to present their side of the case. The Tribunal considers evidence provided by both the tenant and the landlord, such as bank receipts for rent payments, when making its decisions.
In some cases, if a tenant does not attend a hearing, the Tribunal may still proceed and make orders based on the landlord's evidence, such as ordering the tenant to pay rent arrears and filing fees.
📋 Requirements
- Has a tenancy agreement with a landlord for a property.
- Is responsible for paying rent.
- Is named as the 'Respondent' in Tenancy Tribunal applications initiated by the landlord.
📝 Procedure
- Receives an application from the landlord, often for rent arrears or termination.
- May make payments to clear rent arrears before or during a hearing.
- Attends Tenancy Tribunal hearings, potentially with an interpreter, to present evidence.
- May be ordered to pay rent arrears, filing fees, or have their bond paid to the landlord by the Bond Centre.
💡 Examples
- A tenant made a payment the day before their Tenancy Tribunal hearing, which cleared their rent arrears, leading to the landlord's application for termination being dismissed.
- A tenant was ordered to pay $6,427.00 to their landlord for rent arrears and filing fees after the landlord demonstrated authority to manage the property.
- Even after clearing rent arrears, a tenant was ordered to pay the landlord's $27 filing fee as sought by the landlord at the hearing.
- A tenant did not attend the Tenancy Tribunal hearing, resulting in an order for them to pay rent arrears and the filing fee to the landlord.
❓ Frequently asked questions
What happens if a tenant pays rent arrears before the Tenancy Tribunal hearing?
If a tenant pays their rent arrears before or during the hearing, the landlord's application for termination due to those arrears may be dismissed. However, the tenant might still be ordered to pay the landlord's filing fee.
Can a tenant get help with language at a Tenancy Tribunal hearing?
Yes, a tenant can have assistance, such as a Japanese interpreter, during a Tenancy Tribunal hearing if needed to understand and participate effectively.
What if a tenant doesn't attend the Tenancy Tribunal hearing?
If a tenant does not attend the hearing, the Tenancy Tribunal may still proceed and make orders based on the evidence presented by the landlord, such as ordering the tenant to pay rent arrears and filing fees.
Can a tenant be ordered to pay a filing fee even if they clear their rent arrears?
Yes, even if a tenant clears their rent arrears, the Tenancy Tribunal can still order them to pay the landlord's filing fee if the landlord seeks it.
How does the Tenancy Tribunal confirm a tenant's payment?
The Tenancy Tribunal considers evidence provided by the tenant, such as a bank receipt, to confirm that a payment has been made to the landlord, even if it hasn't yet shown in the landlord's account.