What was the outcome of Tenancy Tribunal case 4699376?

The tribunal order states: The tenancy of Kim Tiara Anne Tamou at 8 McGinty Street, Takanini, Takanini

How much money was awarded in case 4699376?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,460.00 awarded to landlord

What type of tenancy dispute was case 4699376?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4699376?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9561253-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4699376?

The tribunal order states: The tenancy of Kim Tiara Anne Tamou at 8 McGinty Street, Takanini, Takanini

How much money was awarded in case 4699376?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,460.00 awarded to landlord

What type of tenancy dispute was case 4699376?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4699376?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9561253-Tenancy_Tribunal_Order.pdf.

8 McGinty Street, Takanini, Takanini 2112 Tenancy Tribunal Case 4699376 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

8 McGinty Street, Takanini, Takanini 2112 Tenancy Tribunal Case 4699376 — 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 4699376 — net $2,480.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.10.2023	$2,460.00	Rent arrears to 4.10.2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,480.44
Total payable by Tenant to Landlord	$2,480.44

Claims and awards for application 4699376 — net $2,480.44 NZD. Verify on MoJ.

Rent arrears to 4.10.2023

Amount: $2,460.00
Awarded to: Landlord
Reason: Rent arrears to 4.10.2023

Filing fee reimbursement

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

Net award

Landlord $2,480.44

Total payable by Tenant to Landlord

Landlord $2,480.44

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Kim Tiara Anne Tamou at 8 McGinty Street, Takanini, Takanini 2112 is terminated, and possession is granted to Joseph Ali, immediately.
Kim Tiara Anne Tamou must pay Joseph Ali $2,480.44 immediately, calculated as shown in the table below:
All other claims are dismissed.

Reasons

Mr Ali, the landlord, attended the hearing by teleconference. The phone number for the tenant, the last three digits being 424, was called twice without any response. As the tenant was served, the hearing proceeded in her absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, outgoings 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 arrears 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 15 September 2023, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Mr Ali said he noticed the mailbox overflowing with letters and flyers, the lawns unmown and rubbish outside the property. He said he knocked on the door, had no response and so pinned a note to the door asking the tenant to contact him. After a few days when he did not hear back from the tenant, he said he spoke with a neighbour, who told him there had been no movement around the property for the last 6 weeks or so. He said he last heard from the tenant around 21 August 2023.
Mr Ali provided photographs of the inside and outside of the property, which appeared to be empty.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

This is a fixed-term tenancy to 7 April 2025.
The landlord provided rent records which prove the amount owing to 4 October 2023, which is $2,460.00. Outgoings
The landlord claimed for water and power bills totalling $2,125.75. However, the water bill invoice and the Mercury power invoice the landlord provided were both in the name of the tenant only. I find the landlord has not proved that he has any liability for the water or power invoices submitted and so this claim is dismissed. Refund of bond
The landlord claimed for refund of the bond, which he said was $3,280.00. However, the Bond Centre has indicated there is no bond lodged for this tenancy address, this landlord or this tenant. As it does not appear a bond has been lodged, nor did the landlord provide any evidence about money he is holding in trust as bond money that has not been lodged, I do not make any orders about any refund of a bond, as there is insufficient evidence to do so. Therefore, this claim is dismissed.
Because Joseph Ali has been successful 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 4699376 — net $2,480.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.10.2023	$2,460.00	Rent arrears to 4.10.2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,480.44
Total payable by Tenant to Landlord	$2,480.44

Claims and awards for application 4699376 — net $2,480.44 NZD. Verify on MoJ.

Rent arrears to 4.10.2023

Amount: $2,460.00
Awarded to: Landlord
Reason: Rent arrears to 4.10.2023

Filing fee reimbursement

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

Net award

Landlord $2,480.44

Total payable by Tenant to Landlord

Landlord $2,480.44

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Kim Tiara Anne Tamou at 8 McGinty Street, Takanini, Takanini 2112 is terminated, and possession is granted to Joseph Ali, immediately.
Kim Tiara Anne Tamou must pay Joseph Ali $2,480.44 immediately, calculated as shown in the table below:
All other claims are dismissed.

Reasons

Mr Ali, the landlord, attended the hearing by teleconference. The phone number for the tenant, the last three digits being 424, was called twice without any response. As the tenant was served, the hearing proceeded in her absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, outgoings 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 arrears 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 15 September 2023, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Mr Ali said he noticed the mailbox overflowing with letters and flyers, the lawns unmown and rubbish outside the property. He said he knocked on the door, had no response and so pinned a note to the door asking the tenant to contact him. After a few days when he did not hear back from the tenant, he said he spoke with a neighbour, who told him there had been no movement around the property for the last 6 weeks or so. He said he last heard from the tenant around 21 August 2023.
Mr Ali provided photographs of the inside and outside of the property, which appeared to be empty.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

This is a fixed-term tenancy to 7 April 2025.
The landlord provided rent records which prove the amount owing to 4 October 2023, which is $2,460.00. Outgoings
The landlord claimed for water and power bills totalling $2,125.75. However, the water bill invoice and the Mercury power invoice the landlord provided were both in the name of the tenant only. I find the landlord has not proved that he has any liability for the water or power invoices submitted and so this claim is dismissed. Refund of bond
The landlord claimed for refund of the bond, which he said was $3,280.00. However, the Bond Centre has indicated there is no bond lodged for this tenancy address, this landlord or this tenant. As it does not appear a bond has been lodged, nor did the landlord provide any evidence about money he is holding in trust as bond money that has not been lodged, I do not make any orders about any refund of a bond, as there is insufficient evidence to do so. Therefore, this claim is dismissed.
Because Joseph Ali has been successful with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4699376 — Rent arrears at 8 McGinty Street, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4699376 — Rent arrears at 8 McGinty Street, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions