What was the outcome of Tenancy Tribunal case 4838882?

The tribunal order states: Roseanna Katrina Peters must pay Holmwood Real Estate Limited As Agent

How much money was awarded in case 4838882?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,957.15 awarded to landlord; Replace Furnishings: Fridge Freezer: $1,394.00 awarded to landlord

What type of tenancy dispute was case 4838882?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4838882?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10219420-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4838882?

The tribunal order states: Roseanna Katrina Peters must pay Holmwood Real Estate Limited As Agent

How much money was awarded in case 4838882?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,957.15 awarded to landlord; Replace Furnishings: Fridge Freezer: $1,394.00 awarded to landlord

What type of tenancy dispute was case 4838882?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4838882?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10219420-Tenancy_Tribunal_Order.pdf.

Unit/Flat 17, 26 Cashel Street, Christchurch Central, Tenancy Tribunal Case 4838882 — Rent arrears

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Unit/Flat 17, 26 Cashel Street, Christchurch Central, Tenancy Tribunal Case 4838882 — 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 4838882 — net $2,571.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2024	$2,957.15	Rent arrears to 15 April 2024
Replace furnishings: Fridge freezer	$1,394.00	Replace furnishings: Fridge freezer
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,571.59
Total payable by Tenant to Landlord	$2,571.59

Claims and awards for application 4838882 — net $2,571.59 NZD. Verify on MoJ.

Rent arrears to 15 April 2024

Amount: $2,957.15
Awarded to: Landlord
Reason: Rent arrears to 15 April 2024

Replace furnishings: Fridge freezer

Amount: $1,394.00
Awarded to: Landlord
Reason: Replace furnishings: Fridge freezer

Filing fee reimbursement

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

Net award

Landlord $2,571.59

Total payable by Tenant to Landlord

Landlord $2,571.59

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Roseanna Katrina Peters must pay Holmwood Real Estate Limited As Agent For Whc Enterprises Trust (Jack And George Clifford) $2,571.59 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (6506654-001) to Holmwood Real Estate Limited As Agent For Whc Enterprises Trust (Jack And George Clifford) immediately.

Reasons

The landlord attended the hearing which was conducted remotely. Two attempts to phone the tenant went to answerphone.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond and replacement of the fridge freezer.

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 18 March 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant’s last rent payment was 20 February 2024. She did not respond to texts, calls and emails or remedy the rent arrears that she was notified of on 6 March 2024.
After giving notice of an inspection, the landlord attended on 18 March 2024 and found the premises abandoned. The landlord provided photographs showing that the tenant had removed most of her belongings including her furniture. There are some bags of rubbish/abandoned items, a bed frame, some boxes and other debris. The wardrobe is empty.
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 at the end of the tenancy. The amount ordered includes 28 days’ rent in lieu of notice.
A fridge freezer that was included in the chattels for the tenancy was missing. The landlord provided evidence that the fridge freezer was new at the start of the tenancy on 29 September 2023, and photos showed it in place at that time and then missing on 18 March 2024. The landlord provided evidence of the replacement cost as well as an incident report that had been lodged with the New Zealand Police.
I am satisfied that the landlord has incurred a loss, regardless of whether the item is replaced. The item was only 6 months old and I have not applied any depreciation. An advertisement shows that replacement cost is $1,394.00, and the landlord should be compensated accordingly. That amount is ordered.
Because Holmwood Real Estate Limited As Agent For Whc Enterprises Trust (Jack And George Clifford) has wholly succeeded 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 4838882 — net $2,571.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2024	$2,957.15	Rent arrears to 15 April 2024
Replace furnishings: Fridge freezer	$1,394.00	Replace furnishings: Fridge freezer
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,571.59
Total payable by Tenant to Landlord	$2,571.59

Claims and awards for application 4838882 — net $2,571.59 NZD. Verify on MoJ.

Rent arrears to 15 April 2024

Amount: $2,957.15
Awarded to: Landlord
Reason: Rent arrears to 15 April 2024

Replace furnishings: Fridge freezer

Amount: $1,394.00
Awarded to: Landlord
Reason: Replace furnishings: Fridge freezer

Filing fee reimbursement

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

Net award

Landlord $2,571.59

Total payable by Tenant to Landlord

Landlord $2,571.59

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Roseanna Katrina Peters must pay Holmwood Real Estate Limited As Agent For Whc Enterprises Trust (Jack And George Clifford) $2,571.59 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (6506654-001) to Holmwood Real Estate Limited As Agent For Whc Enterprises Trust (Jack And George Clifford) immediately.

Reasons

The landlord attended the hearing which was conducted remotely. Two attempts to phone the tenant went to answerphone.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond and replacement of the fridge freezer.

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 18 March 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant’s last rent payment was 20 February 2024. She did not respond to texts, calls and emails or remedy the rent arrears that she was notified of on 6 March 2024.
After giving notice of an inspection, the landlord attended on 18 March 2024 and found the premises abandoned. The landlord provided photographs showing that the tenant had removed most of her belongings including her furniture. There are some bags of rubbish/abandoned items, a bed frame, some boxes and other debris. The wardrobe is empty.
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 at the end of the tenancy. The amount ordered includes 28 days’ rent in lieu of notice.
A fridge freezer that was included in the chattels for the tenancy was missing. The landlord provided evidence that the fridge freezer was new at the start of the tenancy on 29 September 2023, and photos showed it in place at that time and then missing on 18 March 2024. The landlord provided evidence of the replacement cost as well as an incident report that had been lodged with the New Zealand Police.
I am satisfied that the landlord has incurred a loss, regardless of whether the item is replaced. The item was only 6 months old and I have not applied any depreciation. An advertisement shows that replacement cost is $1,394.00, and the landlord should be compensated accordingly. That amount is ordered.
Because Holmwood Real Estate Limited As Agent For Whc Enterprises Trust (Jack And George Clifford) has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4838882 — Rent arrears at Unit/Flat 17, 26 Cashel Street, Christchurch Central,

At a glance

Tenancy Tribunal case 4838882 — Rent arrears at Unit/Flat 17, 26 Cashel Street, Christchurch Central,

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