What was the outcome of Tenancy Tribunal case 4776315?

The tribunal order states: The tenancy of Duane Stanley at 14 Coronation Street, Strathern, Invercargill

How much money was awarded in case 4776315?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,128.86 awarded to landlord

What type of tenancy dispute was case 4776315?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4776315?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9984886-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4776315?

The tribunal order states: The tenancy of Duane Stanley at 14 Coronation Street, Strathern, Invercargill

How much money was awarded in case 4776315?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,128.86 awarded to landlord

What type of tenancy dispute was case 4776315?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4776315?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9984886-Tenancy_Tribunal_Order.pdf.

14 Coronation Street, Strathern, Invercargill 9812 Tenancy Tribunal Case 4776315 — Rent arrears

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14 Coronation Street, Strathern, Invercargill 9812 Tenancy Tribunal Case 4776315 — 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 4776315 — net $3,109.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 21 February 2024	$4,128.86	Rent arrears as at 21 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,109.30
Total payable by Tenant to Landlord	$3,109.30

Claims and awards for application 4776315 — net $3,109.30 NZD. Verify on MoJ.

Rent arrears as at 21 February 2024

Amount: $4,128.86
Awarded to: Landlord
Reason: Rent arrears as at 21 February 2024

Filing fee reimbursement

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

Net award

Landlord $3,109.30

Total payable by Tenant to Landlord

Landlord $3,109.30

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Duane Stanley at 14 Coronation Street, Strathern, Invercargill 9812 is terminated, and possession is granted to Bayleys Property Management Limited As Agent For Aaron And Robyn Keith, at 11.59pm o Wednesday 21 February 2024.
The Bond Centre is to pay the bond of $1,040.00 (3474173-011) to Bayleys Property Management Limited As Agent For Aaron And Robyn Keith immediately.
Duane Stanley must pay Bayleys Property Management Limited As Agent For Aaron And Robyn Keith $3,109.30 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, reimbursement of the filing fee and payment 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 19 January 2024 the landlord became aware, when they went to the premises to conduct their routine inspection, that the tenant had abandoned the premises.
Mr Stanley stated that although he had vacated the tenancy just after Christmas he has not advised the landlord of this.
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 as at today’s date.
As advised at today’s hearing, this is a fixed term tenancy due to expire on 5 April 2024. When a tenant abandons a fixed term tenancy then the tenant is required to pay rent up until the expiry of the fixed term or to the date at which there is a new tenant living at the premises, whichever is the earlier.
There is no new tenancy as yet and so I have ordered Mr Stanley to pay rent to today’s date. I have not ordered a rent payment up until the expiry of the fixed term because it may be that the premises are re-tenanted earlier than that date.
Further to this, because Bayleys Property Management Limited As Agent For Aaron And Robyn Keith has wholly succeeded with the claim I must order mr Stanley to reimburse them the filing fee. C ter Haar 21 February 2024

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 4776315 — net $3,109.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 21 February 2024	$4,128.86	Rent arrears as at 21 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,109.30
Total payable by Tenant to Landlord	$3,109.30

Claims and awards for application 4776315 — net $3,109.30 NZD. Verify on MoJ.

Rent arrears as at 21 February 2024

Amount: $4,128.86
Awarded to: Landlord
Reason: Rent arrears as at 21 February 2024

Filing fee reimbursement

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

Net award

Landlord $3,109.30

Total payable by Tenant to Landlord

Landlord $3,109.30

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Duane Stanley at 14 Coronation Street, Strathern, Invercargill 9812 is terminated, and possession is granted to Bayleys Property Management Limited As Agent For Aaron And Robyn Keith, at 11.59pm o Wednesday 21 February 2024.
The Bond Centre is to pay the bond of $1,040.00 (3474173-011) to Bayleys Property Management Limited As Agent For Aaron And Robyn Keith immediately.
Duane Stanley must pay Bayleys Property Management Limited As Agent For Aaron And Robyn Keith $3,109.30 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, reimbursement of the filing fee and payment 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 19 January 2024 the landlord became aware, when they went to the premises to conduct their routine inspection, that the tenant had abandoned the premises.
Mr Stanley stated that although he had vacated the tenancy just after Christmas he has not advised the landlord of this.
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 as at today’s date.
As advised at today’s hearing, this is a fixed term tenancy due to expire on 5 April 2024. When a tenant abandons a fixed term tenancy then the tenant is required to pay rent up until the expiry of the fixed term or to the date at which there is a new tenant living at the premises, whichever is the earlier.
There is no new tenancy as yet and so I have ordered Mr Stanley to pay rent to today’s date. I have not ordered a rent payment up until the expiry of the fixed term because it may be that the premises are re-tenanted earlier than that date.
Further to this, because Bayleys Property Management Limited As Agent For Aaron And Robyn Keith has wholly succeeded with the claim I must order mr Stanley to reimburse them the filing fee. C ter Haar 21 February 2024

Tenancy Tribunal case 4776315 — Rent arrears at 14 Coronation Street, Strathern, Invercargill 9812

At a glance

Tenancy Tribunal case 4776315 — Rent arrears at 14 Coronation Street, Strathern, Invercargill 9812

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