What was the outcome of Tenancy Tribunal case 4624591?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4624591?

Cleaning: $135.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $171.47 awarded to landlord; Rent Arrears: $3,985.71 awarded to landlord; Rubbish Removal: $477.50 awarded to landlord

What type of tenancy dispute was case 4624591?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4624591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9320889-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4624591?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4624591?

Cleaning: $135.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $171.47 awarded to landlord; Rent Arrears: $3,985.71 awarded to landlord; Rubbish Removal: $477.50 awarded to landlord

What type of tenancy dispute was case 4624591?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4624591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9320889-Tenancy_Tribunal_Order.pdf.

410F Busby Road, Tahawai, RD 3, Tahawai 3170, Eagle's Tenancy Tribunal Case 4624591 — Rent arrears

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410F Busby Road, Tahawai, RD 3, Tahawai 3170, Eagle's Tenancy Tribunal Case 4624591 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4624591 — net $2,990.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears in lieu of notice (4 weeks	$3,985.71	Rent arrears in lieu of notice (4 weeks
Cleaning, rubbish removal, lawns	$477.50	Cleaning, rubbish removal, lawns
Carpet Cleaning	$135.00	Carpet Cleaning
Lock/key replacement	$171.47	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,990.12
Total payable by Tenant to Landlord	$2,990.12

Claims and awards for application 4624591 — net $2,990.12 NZD. Verify on MoJ.

Rent arrears in lieu of notice (4 weeks

Amount: $3,985.71
Awarded to: Landlord
Reason: Rent arrears in lieu of notice (4 weeks

Cleaning, rubbish removal, lawns

Amount: $477.50
Awarded to: Landlord
Reason: Cleaning, rubbish removal, lawns

Carpet Cleaning

Amount: $135.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement

Amount: $171.47
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of William Hall and Joesph Vitolio at 410F Busby Road, Tahawai, RD 3, Tahawai 3170, Eagle's View is terminated, and possession is granted to Eves Realty Limited As Agent For Marlyn Family Trust Sydenham, with effect on 26 July 2023.
The Bond Centre is to pay the bond of $1,800.00 (5754330-009) to Eves Realty Limited As Agent For Marlyn Family Trust Sydenham immediately.
William Hall and Joesph Vitolio must pay Eves Realty Limited As Agent For Marlyn Family Trust Sydenham $2,990.12 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by teleconference. The Tribunal rang the tenants twice for the hearing on the cell-phone number provided but both calls diverted to voice message. I am satisfied that the tenants were served with notice of the hearing and did not attend.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond and compensation.

Should the tenancy be terminated?

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 (RTA). 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 26 July 2023, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. At an earlier inspection arranged by the landlord, it appeared that the tenants had vacated the premises, and this was confirmed by one of the tenants, Mr Hall, in a message to the landlord on 26 July 2023.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated as at 26 July 2023.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
The landlord has also applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA.
The tenant did not leave the premises reasonably clean and tidy (including the lawns) and did not remove all rubbish as shown in photos produced in evidence.
The tenant did not return the keys.
The amounts ordered are proved.
As the landlord has succeeded with their claims, they are entitled to reimbursement of the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4624591 — net $2,990.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears in lieu of notice (4 weeks	$3,985.71	Rent arrears in lieu of notice (4 weeks
Cleaning, rubbish removal, lawns	$477.50	Cleaning, rubbish removal, lawns
Carpet Cleaning	$135.00	Carpet Cleaning
Lock/key replacement	$171.47	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,990.12
Total payable by Tenant to Landlord	$2,990.12

Claims and awards for application 4624591 — net $2,990.12 NZD. Verify on MoJ.

Rent arrears in lieu of notice (4 weeks

Amount: $3,985.71
Awarded to: Landlord
Reason: Rent arrears in lieu of notice (4 weeks

Cleaning, rubbish removal, lawns

Amount: $477.50
Awarded to: Landlord
Reason: Cleaning, rubbish removal, lawns

Carpet Cleaning

Amount: $135.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement

Amount: $171.47
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of William Hall and Joesph Vitolio at 410F Busby Road, Tahawai, RD 3, Tahawai 3170, Eagle's View is terminated, and possession is granted to Eves Realty Limited As Agent For Marlyn Family Trust Sydenham, with effect on 26 July 2023.
The Bond Centre is to pay the bond of $1,800.00 (5754330-009) to Eves Realty Limited As Agent For Marlyn Family Trust Sydenham immediately.
William Hall and Joesph Vitolio must pay Eves Realty Limited As Agent For Marlyn Family Trust Sydenham $2,990.12 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by teleconference. The Tribunal rang the tenants twice for the hearing on the cell-phone number provided but both calls diverted to voice message. I am satisfied that the tenants were served with notice of the hearing and did not attend.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond and compensation.

Should the tenancy be terminated?

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 (RTA). 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 26 July 2023, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. At an earlier inspection arranged by the landlord, it appeared that the tenants had vacated the premises, and this was confirmed by one of the tenants, Mr Hall, in a message to the landlord on 26 July 2023.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated as at 26 July 2023.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
The landlord has also applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA.
The tenant did not leave the premises reasonably clean and tidy (including the lawns) and did not remove all rubbish as shown in photos produced in evidence.
The tenant did not return the keys.
The amounts ordered are proved.
As the landlord has succeeded with their claims, they are entitled to reimbursement of the filing fee.

Tenancy Tribunal case 4624591 — Rent arrears at 410F Busby Road, Tahawai, RD 3, Tahawai 3170, Eagle's

At a glance

Tenancy Tribunal case 4624591 — Rent arrears at 410F Busby Road, Tahawai, RD 3, Tahawai 3170, Eagle's

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions