How much money was awarded in case 4667749?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4667749?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4667749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9468399-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4667749?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4667749?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4667749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9468399-Tenancy_Tribunal_Order.pdf.

Flat 10, 6 East Street, Petone, Lower Hutt 5012 Tenancy Tribunal Case 4667749 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4667749?

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

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Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The tenancy of Emma Marie Watson at Flat 10, 6 East Street, Petone, Lower Hutt 5012 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, immediately.

Emma Marie Watson must pay Kāinga Ora–Homes and Communities $20.44, being the filing fee.

Reasons

Stephanie Smith attended the hearing remotely on behalf of the landlord. The tenant did not attend in person and multiple attempts to contact the tenant via telephone also went unanswered.

I am satisfied that the tenant had notice of the time and date of the hearing therefore the hearing proceeded in her absence.

The landlord has applied for termination of the tenancy for abandonment and rent arrears.

The landlord advised that they had already received an order for payment of rent arrears (TT4574849) on 2 June 2023 and were no longer seeking that order.

I record that as withdrawn and turn now to consider the application for termination.

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 (“the Act”).

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.

The landlord provided a rent summary which showed that the tenant has not paid rent on the property since February 2022.

At an earlier hearing, on 2 June 2023, the Tribunal dismissed the landlord’s application for termination because at that point, although the tenant did not attend the hearing, the landlord had information that suggested the tenant wanted to retain the tenancy.

Since that hearing, the tenant has been in touch with the landlord. The landlord said that the last contact with the tenant was on 14 August 2023. At that time, she advised the landlord that she was in the process of moving to the Kapiti Coast.

The landlord then provided her with an opportunity to fill out the proper “end of tenancy” paperwork. The tenant said she would come into the Porirua office and do so but has failed to do so.

On 7 September 2023 the landlord conducted an inspection at the premises to ascertain whether the tenant had abandoned the premises.

Having sighted those inspection photographs, I am satisfied that the tenant is no longer living in the property. There are some personal items belonging to the tenant in the premises, but these are sparse, and the power has been disconnected.

Further, based on the tenant’s advice to the landlord, I am satisfied that she does not intend to return.

Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

Because Kāinga Ora–Homes and Communities has wholly succeeded with the claim I must reimburse the filing fee. J R Smith 28 September 2023