What was the outcome of Tenancy Tribunal case 4778841?

The tribunal order states: The tenancy of Richard Dean Pratt at Unit/Flat 2, 272 Rodney Street, Wellsford,

How much money was awarded in case 4778841?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,310.00 awarded to landlord

What type of tenancy dispute was case 4778841?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4778841?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9885480-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4778841?

The tribunal order states: The tenancy of Richard Dean Pratt at Unit/Flat 2, 272 Rodney Street, Wellsford,

How much money was awarded in case 4778841?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,310.00 awarded to landlord

What type of tenancy dispute was case 4778841?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4778841?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9885480-Tribunal_Order.pdf.

Unit/Flat 2, 272 Rodney Street, Wellsford, Wellsford 0900 Tenancy Tribunal Case 4778841 — Rent arrears

Claims and awards in Tenancy Tribunal application 4778841 — net $3,210.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 26/01/2024	$3,310.00	Rent arrears (to 26/01/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,210.44
Total payable by Tenant to Landlord	$3,210.44

Order

The tenancy of Richard Dean Pratt at Unit/Flat 2, 272 Rodney Street, Wellsford, Wellsford 0900 is terminated, and possession is granted to Najmul Hassan Syed, at 11:59pm on Friday 26th January 2024.
The remaining bond of $120.00 is no longer with the Bond Centre and Najmul Hassan Syed shall retain that money.
Richard Dean Pratt must pay Najmul Hassan Syed $3,210.44 immediately, calculated as shown in the table below:
Najmul Hassan Syed must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $3,210.44.
Najmul Hassan Syed must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place but was unable to attend as he is currently incarcerated.
The landlord has applied for termination of the tenancy for abandonment, possession of the property, rent arrears, refund of the bond and for orders to dispose of the tenant’s belongings.
The last rent payment was made on 29 November 2023. When the rent fell into arrears, the landlord went to the house on 1 December 2023 to talk to the tenant and found the house open, unlocked and the door lock broken. After going the to local Police Station, he was informed that the tenant had been arrested again and was in prison and was unlikely to be released from prison for some time.
The landlord contacted the tenant’s mother and friend to try to find out if the tenant was likely to be returning to the premises, as he had already had a short stint in prison during his tenancy and his mother had covered his rent until his release.
The tenant’s mother confirmed that the tenant is in prison and is highly unlikely to be released for some time. She also confirmed that she has washed her hands of him, would not convey any messages to him, did not want to take responsibility for the rent arrears or for removing and storing any of his personal property.
On 16 December 2023 the landlord sent the tenant a notice of termination of the tenancy and asked the tenant to sign it to agree to reduce the 63 day notice period because of the tenant’s circumstances. The tenant refused to sign the notice of termination as he wanted his mother to collect his personal property before he would agree to end the tenancy. His mother and friend have refused to remove and store these items.
On 17 January 2024, the landlord applied for expedited termination of the tenancy, but the Tribunal refused to grant this.

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 1 December 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises when he went to the house and found the door lock broken, the door ajar and the house unattended. He then got confirmation from the New Zealand Police and the tenant’s mother that the tenant was in jail with little prospect of being released at any time soon.
Because the premises have been abandoned since 1 December 2023, 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 to today’s date. Disposal of the tenant’s personal property
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The house was let fully furnished and the tenant has very little personal property left at the premises. The landlord states there is bedding, an old couch and an old small television set, that do not realistically have any resale value.
The landlord has been unable to agree with the tenant on a period for the tenant to collect the goods as the tenant has asked his mother and/or friend to collect and store his property and they have refused to do so. The landlord has proven he has made several attempts to get the tenant to make arrangements to have his personal property removed from the premises.
It is not practicable for the landlord to the return the goods to the tenant when he is in prison and the tenant’s mother refuses to store the tenant’s things at her place. The landlord’s assessment of the value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
If the landlord is able to sell the old small television, the landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986). Reimbursement of filing fee
Because Najmul Hassan Syed has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4778841 — net $3,210.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 26/01/2024	$3,310.00	Rent arrears (to 26/01/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,210.44
Total payable by Tenant to Landlord	$3,210.44

Order

The tenancy of Richard Dean Pratt at Unit/Flat 2, 272 Rodney Street, Wellsford, Wellsford 0900 is terminated, and possession is granted to Najmul Hassan Syed, at 11:59pm on Friday 26th January 2024.
The remaining bond of $120.00 is no longer with the Bond Centre and Najmul Hassan Syed shall retain that money.
Richard Dean Pratt must pay Najmul Hassan Syed $3,210.44 immediately, calculated as shown in the table below:
Najmul Hassan Syed must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $3,210.44.
Najmul Hassan Syed must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place but was unable to attend as he is currently incarcerated.
The landlord has applied for termination of the tenancy for abandonment, possession of the property, rent arrears, refund of the bond and for orders to dispose of the tenant’s belongings.
The last rent payment was made on 29 November 2023. When the rent fell into arrears, the landlord went to the house on 1 December 2023 to talk to the tenant and found the house open, unlocked and the door lock broken. After going the to local Police Station, he was informed that the tenant had been arrested again and was in prison and was unlikely to be released from prison for some time.
The landlord contacted the tenant’s mother and friend to try to find out if the tenant was likely to be returning to the premises, as he had already had a short stint in prison during his tenancy and his mother had covered his rent until his release.
The tenant’s mother confirmed that the tenant is in prison and is highly unlikely to be released for some time. She also confirmed that she has washed her hands of him, would not convey any messages to him, did not want to take responsibility for the rent arrears or for removing and storing any of his personal property.
On 16 December 2023 the landlord sent the tenant a notice of termination of the tenancy and asked the tenant to sign it to agree to reduce the 63 day notice period because of the tenant’s circumstances. The tenant refused to sign the notice of termination as he wanted his mother to collect his personal property before he would agree to end the tenancy. His mother and friend have refused to remove and store these items.
On 17 January 2024, the landlord applied for expedited termination of the tenancy, but the Tribunal refused to grant this.

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 1 December 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises when he went to the house and found the door lock broken, the door ajar and the house unattended. He then got confirmation from the New Zealand Police and the tenant’s mother that the tenant was in jail with little prospect of being released at any time soon.
Because the premises have been abandoned since 1 December 2023, 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 to today’s date. Disposal of the tenant’s personal property
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The house was let fully furnished and the tenant has very little personal property left at the premises. The landlord states there is bedding, an old couch and an old small television set, that do not realistically have any resale value.
The landlord has been unable to agree with the tenant on a period for the tenant to collect the goods as the tenant has asked his mother and/or friend to collect and store his property and they have refused to do so. The landlord has proven he has made several attempts to get the tenant to make arrangements to have his personal property removed from the premises.
It is not practicable for the landlord to the return the goods to the tenant when he is in prison and the tenant’s mother refuses to store the tenant’s things at her place. The landlord’s assessment of the value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
If the landlord is able to sell the old small television, the landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986). Reimbursement of filing fee
Because Najmul Hassan Syed has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4778841 — Rent arrears at Unit/Flat 2, 272 Rodney Street, Wellsford, Wellsford 0900

At a glance

Tenancy Tribunal case 4778841 — Rent arrears at Unit/Flat 2, 272 Rodney Street, Wellsford, Wellsford 0900

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