What was the outcome of Tenancy Tribunal case 4785717?

The tribunal order states: The tenancy of Davood Masoudi at Unit/Flat 2D, 6 Piwakawaka Street, Eden

How much money was awarded in case 4785717?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4785717?

The dispute type was not classified.

Where can I read the official tribunal order for case 4785717?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9954928-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4785717?

The tribunal order states: The tenancy of Davood Masoudi at Unit/Flat 2D, 6 Piwakawaka Street, Eden

How much money was awarded in case 4785717?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4785717?

The dispute type was not classified.

Where can I read the official tribunal order for case 4785717?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9954928-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2D, 6 Piwakawaka Street, Eden Terrace, Auckland Tenancy Tribunal Case 4785717 — Tenancy dispute

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Reasons

The landlord attended the hearing by remote teleconference. The was no attendance by the tenant. An attempt was made to contact the tenant on the telephone number provided however this was unsuccessful.

The landlord has applied for termination of the tenancy for abandonment.

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 October 2023 the tenant’s daughter contacted the landlord asking to be added to the Tenancy Agreement stating that her father (the tenant) had departed New Zealand. She was unsure when he would be returning.

In October 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. A Privacy Act request was made to Immigration New Zealand where it was confirmed in writing that the tenant had departed New Zealand on 18 October 2023 for Iran and has not returned.

On 9 November 2023 a breach notice was sent to the tenant requesting that he notify them regarding his intentions.

On 16 November 2023 the tenant’s daughter advised the landlord that her father was still overseas and unsure whether he is returning.

On 1 December 2023 the tenant had not remedied the breach. There was no response to the breach letter.

Having sighted the evidence by the landlord in support of the application I am satisfied that the tenant has abandoned the tenancy without reasonable excuse and has not notified the landlord.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

The landlord advised during the hearing that the arrears are small and therefore they do not seek an order for payment of these.

The landlord does not seek reimbursement of the filing fee.

Reasons

The landlord has applied for termination of the tenancy for abandonment.

Should the tenancy be terminated?

On 9 November 2023 a breach notice was sent to the tenant requesting that he notify them regarding his intentions.

On 16 November 2023 the tenant’s daughter advised the landlord that her father was still overseas and unsure whether he is returning.

On 1 December 2023 the tenant had not remedied the breach. There was no response to the breach letter.

Having sighted the evidence by the landlord in support of the application I am satisfied that the tenant has abandoned the tenancy without reasonable excuse and has not notified the landlord.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

The landlord advised during the hearing that the arrears are small and therefore they do not seek an order for payment of these.

The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 4785717 — Tenancy dispute at Unit/Flat 2D, 6 Piwakawaka Street, Eden Terrace, Auckland

At a glance

Claims & awards

Tenancy Tribunal case 4785717 — Tenancy dispute at Unit/Flat 2D, 6 Piwakawaka Street, Eden Terrace, Auckland

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions