What was the outcome of Tenancy Tribunal case 4659049?

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

How much money was awarded in case 4659049?

Made In This Case And No Suppression…: $1,381.00 awarded to landlord

What type of tenancy dispute was case 4659049?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4659049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9476913-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4659049?

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

How much money was awarded in case 4659049?

Made In This Case And No Suppression…: $1,381.00 awarded to landlord

What type of tenancy dispute was case 4659049?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4659049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9476913-Tenancy_Tribunal_Order.pdf.

91 Kowhai Street, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 4659049 — Rent arrears

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91 Kowhai Street, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 4659049 — 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 4659049. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
made in this case and no suppression orders apply around publication of this decision. 2. The Tenant shall pay the Landl	$1,381.00		made in this case and no suppression orders apply around publication of this decision. 2. The Tenant shall pay the Landl

Claims and awards for application 4659049. Verify on MoJ.

made in this case and no suppression orders apply around publication of this decision. 2. The Tenant shall pay the Landl

Amount: $1,381.00
Awarded to: Landlord
Reason: made in this case and no suppression orders apply around publication of this decision. 2. The Tenant shall pay the Landl

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Tenant shall pay the Landlord $1381.00 being rent arrears to 25 September 2023.
The application by the Landlord is dismissed.

Reasons

The Landlord attended the hearing by telephone. The Tenant did not answer the telephone calls made by the Tribunal on the phone numbers provided.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond. The claim for the refund of the bond was not specified in the application form and as the Tenant was not present or notified of this claim, the bond refund is unable to be determined.

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. 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 17 August 2023, the landlord became aware (or ought to have been aware) that the Tenant had abandoned the premises. On 30 May 2023, the Tenant stopped paying rent. On 7 June 2023, 9 June 2023, 13 June 2023, 3 July 2023 and 13 July 2023, the Landlord attempted to telephone the Tenant but was unsuccessful. This included text messages and a letter left in the Tenant’s mailbox. The emergency contact details were also invalid.
On 19 July 2023, the Landlord was advised by the Tenant’ s neighbour that the Tenant had moved to Australia. On 26 July 2023, the Landlord inspected the property and it appeared abandoned. On 12 September 2023, the Tenants daughter rang the Landlord requesting the balance of the rent arrears and advising her father wanted to keep the tenancy. There was no authority by the Tenant for the Tenants daughter to discuss the tenancy with the Landlord at that time.
On 14 September 2023, the Tenants daughter contacted the Landlord and advised her father was on a holiday but failed to make it back to New Zealand. At this stage, the Landlords ‘Timeline’ notes stated she had verbal consent to discuss the tenancy. It was uncertain how this was obtained from the Tenant given a few days prior, she had no authority.
It is noted in the Tenancy Agreement at paragraph 25 that the Tenant must advise the Landlord if they intend to be away from the property for 30 days or more. The Tenant did not do this however because his daughter subsequently informed the Landlord he was in Australia for a holiday on 14 September 2023, I am satisfied that the property has not been abandoned and cannot be terminated on this ground. The Landlord submitted one of the reasons they sought termination was there was a long waitlist of customers that could occupy the property. Whilst this is not a ground to terminate the Tenancy pursuant to the RTA, there are other grounds the Landlord could have applied for however these were not submitted.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing to 25 September 2023.

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 4659049. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
made in this case and no suppression orders apply around publication of this decision. 2. The Tenant shall pay the Landl	$1,381.00		made in this case and no suppression orders apply around publication of this decision. 2. The Tenant shall pay the Landl

Claims and awards for application 4659049. Verify on MoJ.

made in this case and no suppression orders apply around publication of this decision. 2. The Tenant shall pay the Landl

Amount: $1,381.00
Awarded to: Landlord
Reason: made in this case and no suppression orders apply around publication of this decision. 2. The Tenant shall pay the Landl

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Tenant shall pay the Landlord $1381.00 being rent arrears to 25 September 2023.
The application by the Landlord is dismissed.

Reasons

The Landlord attended the hearing by telephone. The Tenant did not answer the telephone calls made by the Tribunal on the phone numbers provided.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond. The claim for the refund of the bond was not specified in the application form and as the Tenant was not present or notified of this claim, the bond refund is unable to be determined.

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. 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 17 August 2023, the landlord became aware (or ought to have been aware) that the Tenant had abandoned the premises. On 30 May 2023, the Tenant stopped paying rent. On 7 June 2023, 9 June 2023, 13 June 2023, 3 July 2023 and 13 July 2023, the Landlord attempted to telephone the Tenant but was unsuccessful. This included text messages and a letter left in the Tenant’s mailbox. The emergency contact details were also invalid.
On 19 July 2023, the Landlord was advised by the Tenant’ s neighbour that the Tenant had moved to Australia. On 26 July 2023, the Landlord inspected the property and it appeared abandoned. On 12 September 2023, the Tenants daughter rang the Landlord requesting the balance of the rent arrears and advising her father wanted to keep the tenancy. There was no authority by the Tenant for the Tenants daughter to discuss the tenancy with the Landlord at that time.
On 14 September 2023, the Tenants daughter contacted the Landlord and advised her father was on a holiday but failed to make it back to New Zealand. At this stage, the Landlords ‘Timeline’ notes stated she had verbal consent to discuss the tenancy. It was uncertain how this was obtained from the Tenant given a few days prior, she had no authority.
It is noted in the Tenancy Agreement at paragraph 25 that the Tenant must advise the Landlord if they intend to be away from the property for 30 days or more. The Tenant did not do this however because his daughter subsequently informed the Landlord he was in Australia for a holiday on 14 September 2023, I am satisfied that the property has not been abandoned and cannot be terminated on this ground. The Landlord submitted one of the reasons they sought termination was there was a long waitlist of customers that could occupy the property. Whilst this is not a ground to terminate the Tenancy pursuant to the RTA, there are other grounds the Landlord could have applied for however these were not submitted.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing to 25 September 2023.

Tenancy Tribunal case 4659049 — Rent arrears at 91 Kowhai Street, Naenae, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4659049 — Rent arrears at 91 Kowhai Street, Naenae, Lower Hutt 5011

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions