What was the outcome of Tenancy Tribunal case 4669009?

The tribunal order states: The tenancy of Shanese Delice Rosalie Harris at Unit/Flat Flat 4, 15 Fyfe

How much money was awarded in case 4669009?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,797.14 awarded to landlord

What type of tenancy dispute was case 4669009?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4669009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9431743-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4669009?

The tribunal order states: The tenancy of Shanese Delice Rosalie Harris at Unit/Flat Flat 4, 15 Fyfe

How much money was awarded in case 4669009?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,797.14 awarded to landlord

What type of tenancy dispute was case 4669009?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4669009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9431743-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 4, 15 Fyfe Avenue, Papatoetoe, Auckland Tenancy Tribunal Case 4669009 — Rent arrears

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Unit/Flat Flat 4, 15 Fyfe Avenue, Papatoetoe, Auckland Tenancy Tribunal Case 4669009 — 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 4669009 — net $457.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/9/23	$1,797.14	Rent arrears to 19/9/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$457.58
Total payable by Tenant to Landlord	$457.58

Claims and awards for application 4669009 — net $457.58 NZD. Verify on MoJ.

Rent arrears to 19/9/23

Amount: $1,797.14
Awarded to: Landlord
Reason: Rent arrears to 19/9/23

Filing fee reimbursement

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

Net award

Landlord $457.58

Total payable by Tenant to Landlord

Landlord $457.58

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Shanese Delice Rosalie Harris at Unit/Flat Flat 4, 15 Fyfe Avenue, Papatoetoe, Auckland 2025 is terminated, and possession is granted to Asset Plus Property Management Limited, immediately.
The Bond Centre is to pay the bond of $1,360.00 (3137477-021) to Asset Plus Property Management Limited immediately.
Shanese Delice Rosalie Harris to pay Asset Plus Property Management Limited $457.58 in accordance with the following table:
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Reasons

The landlord attended this remote teleconference hearing represented by Ms Yu. Telephone calls were made to the number provided for the tenant ending in 896 at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

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 3 September the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises as Ms Harris emailed them to advise she had left. She failed to engage further however, and she did not return the keys. This was a periodic tenancy; therefore Ms Harris was required to give 28 days’ notice of her intention to vacate.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

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.
Because Asset Plus Property Management Limited has wholly succeeded with the claim I must reimburse 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 4669009 — net $457.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/9/23	$1,797.14	Rent arrears to 19/9/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$457.58
Total payable by Tenant to Landlord	$457.58

Claims and awards for application 4669009 — net $457.58 NZD. Verify on MoJ.

Rent arrears to 19/9/23

Amount: $1,797.14
Awarded to: Landlord
Reason: Rent arrears to 19/9/23

Filing fee reimbursement

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

Net award

Landlord $457.58

Total payable by Tenant to Landlord

Landlord $457.58

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Shanese Delice Rosalie Harris at Unit/Flat Flat 4, 15 Fyfe Avenue, Papatoetoe, Auckland 2025 is terminated, and possession is granted to Asset Plus Property Management Limited, immediately.
The Bond Centre is to pay the bond of $1,360.00 (3137477-021) to Asset Plus Property Management Limited immediately.
Shanese Delice Rosalie Harris to pay Asset Plus Property Management Limited $457.58 in accordance with the following table:
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Reasons

The landlord attended this remote teleconference hearing represented by Ms Yu. Telephone calls were made to the number provided for the tenant ending in 896 at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

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 3 September the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises as Ms Harris emailed them to advise she had left. She failed to engage further however, and she did not return the keys. This was a periodic tenancy; therefore Ms Harris was required to give 28 days’ notice of her intention to vacate.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

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.
Because Asset Plus Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4669009 — Rent arrears at Unit/Flat Flat 4, 15 Fyfe Avenue, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 4669009 — Rent arrears at Unit/Flat Flat 4, 15 Fyfe Avenue, Papatoetoe, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions