What was the outcome of Tenancy Tribunal case 4746092?

The tribunal order states: The tenancy is terminated and Kāinga Ora–Homes and Communities is granted

How much money was awarded in case 4746092?

Previous Order Application 4554849 D…: $10,982.00 awarded to landlord; Rent Arrears: $2,352.00 awarded to landlord

What type of tenancy dispute was case 4746092?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4746092?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9725037-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4746092?

The tribunal order states: The tenancy is terminated and Kāinga Ora–Homes and Communities is granted

How much money was awarded in case 4746092?

Previous Order Application 4554849 D…: $10,982.00 awarded to landlord; Rent Arrears: $2,352.00 awarded to landlord

What type of tenancy dispute was case 4746092?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4746092?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9725037-Tenancy_Tribunal_Order.pdf.

25 Matipo Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 4746092 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

25 Matipo Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 4746092 — 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 4746092 — net $13,334.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,352.00	Rent arrears
Previous order application 4554849 dated 16/08/2023	$10,982.00	Previous order application 4554849 dated 16/08/2023
Net award	$13,334.00
Total payable by Tenant to Landlord	$13,334.00

Claims and awards for application 4746092 — net $13,334.00 NZD. Verify on MoJ.

Rent arrears

Amount: $2,352.00
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4554849 dated 16/08/2023

Amount: $10,982.00
Awarded to: Landlord
Reason: Previous order application 4554849 dated 16/08/2023

Net award

Landlord $13,334.00

Total payable by Tenant to Landlord

Landlord $13,334.00

Claim types — money lines allowed on this order

Rent arrears

Order

The tenancy is terminated and Kāinga Ora–Homes and Communities is granted possession of the premises at 25 Matipo Street, Castlecliff, Whanganui 4501 immediately.
Tracey Leigh Williams must pay Kāinga Ora–Homes And Communities $13,334.00 immediately, being rent arrears to 4 October 2023.

Reasons

The landlord attended the hearing which was conducted remotely. Two phone calls to the tenant were unanswered, with messages being left.
The landlord has applied for termination of the tenancy for abandonment and rent arrears.

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 4 October 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant had stopped paying the rent in February.
On 16 August 2023 the Tribunal ordered the tenant to pay rent arrears of $10,982, following a remote hearing where the tenant could not be reached.
Believing that the tenant was no longer living in the premises, a section 56 notice to remedy was served on 23 August, asking the tenant to return to living at the premises by 6 September or to contact the landlord to discuss matters. No contact was received.
At a visit to the premises on 18 October, it was apparent that the tenant’s mother-in-law remained there. Photos of a subsequent visit on 22 November 2023 show the property completely empty. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

Under section 61 of the RTA the tenant is liable for rent for 28 days up to and including, but not after the date on which the landlord ought reasonably to have become aware that the tenancy had been abandoned. The landlord said that date was 6 September, being the date specified in the breach letter.
I am satisfied that up until that date, the landlord was entitled to believe that the tenant was living or would return to the premises. Once no contact was made, it would have been reasonable to apply to the Tenancy immediately for termination of the tenancy.
The landlord provided rent records which prove the amount owing at that date. I have ordered rent to be paid up to 4 October 2023, being 28 days after the date on which the landlord ought reasonably to have become aware that the tenant and abandoned this tenancy. The landlord did not seek 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 4746092 — net $13,334.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,352.00	Rent arrears
Previous order application 4554849 dated 16/08/2023	$10,982.00	Previous order application 4554849 dated 16/08/2023
Net award	$13,334.00
Total payable by Tenant to Landlord	$13,334.00

Claims and awards for application 4746092 — net $13,334.00 NZD. Verify on MoJ.

Rent arrears

Amount: $2,352.00
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4554849 dated 16/08/2023

Amount: $10,982.00
Awarded to: Landlord
Reason: Previous order application 4554849 dated 16/08/2023

Net award

Landlord $13,334.00

Total payable by Tenant to Landlord

Landlord $13,334.00

Claim types — money lines allowed on this order

Rent arrears

Order

The tenancy is terminated and Kāinga Ora–Homes and Communities is granted possession of the premises at 25 Matipo Street, Castlecliff, Whanganui 4501 immediately.
Tracey Leigh Williams must pay Kāinga Ora–Homes And Communities $13,334.00 immediately, being rent arrears to 4 October 2023.

Reasons

The landlord attended the hearing which was conducted remotely. Two phone calls to the tenant were unanswered, with messages being left.
The landlord has applied for termination of the tenancy for abandonment and rent arrears.

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 4 October 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant had stopped paying the rent in February.
On 16 August 2023 the Tribunal ordered the tenant to pay rent arrears of $10,982, following a remote hearing where the tenant could not be reached.
Believing that the tenant was no longer living in the premises, a section 56 notice to remedy was served on 23 August, asking the tenant to return to living at the premises by 6 September or to contact the landlord to discuss matters. No contact was received.
At a visit to the premises on 18 October, it was apparent that the tenant’s mother-in-law remained there. Photos of a subsequent visit on 22 November 2023 show the property completely empty. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

Under section 61 of the RTA the tenant is liable for rent for 28 days up to and including, but not after the date on which the landlord ought reasonably to have become aware that the tenancy had been abandoned. The landlord said that date was 6 September, being the date specified in the breach letter.
I am satisfied that up until that date, the landlord was entitled to believe that the tenant was living or would return to the premises. Once no contact was made, it would have been reasonable to apply to the Tenancy immediately for termination of the tenancy.
The landlord provided rent records which prove the amount owing at that date. I have ordered rent to be paid up to 4 October 2023, being 28 days after the date on which the landlord ought reasonably to have become aware that the tenant and abandoned this tenancy. The landlord did not seek reimbursement of the filing fee.

Tenancy Tribunal case 4746092 — Rent arrears at 25 Matipo Street, Castlecliff, Whanganui 4501

At a glance

Tenancy Tribunal case 4746092 — Rent arrears at 25 Matipo Street, Castlecliff, Whanganui 4501

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

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

Frequently asked questions