What was the outcome of Tenancy Tribunal case 4858600?

The tribunal order states: The tenancy of Kim Amy Cheryl Peni at Unit/Flat 3, 5 Cadness Street,

How much money was awarded in case 4858600?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4858600?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4858600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10309367-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4858600?

The tribunal order states: The tenancy of Kim Amy Cheryl Peni at Unit/Flat 3, 5 Cadness Street,

How much money was awarded in case 4858600?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4858600?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4858600?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10309367-Tribunal_Order.pdf.

Unit/Flat 3, 5 Cadness Street, Northcote, Auckland 0627 Tenancy Tribunal Case 4858600 — Rent arrears

Order

The tenancy of Kim Amy Cheryl Peni at Unit/Flat 3, 5 Cadness Street, Northcote, Auckland 0627 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59pm on Monday 6 May 2024.
Kim Amy Cheryl Peni must pay Kāinga Ora–Homes And Communities $3,429.14 immediately, being rent arrears to 13 March 2024.

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 and chose not to attend.
I tried to contact the tenant on the two phone numbers provided for her and both were no longer in service. The landlord tried to contact her and also left notices in the rental premises, but she never returned to the premises to collect these notices.
As far as I am aware, her email address is still current, and she has been served notice of these proceedings on that email address.
The landlord has applied for termination of the tenancy and rent arrears.

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 14 February 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord had issued a 14-day notice on 31 January 2024 requiring the tenant to return to the premises as a condition of her social housing tenancy is that she reside in the premises. There is a waiting list for social housing and housing not being used by a tenant can be reallocated to someone on the wait list.
The tenant did not respond to the 14-day notice and the landlord found the notice in the same place it had been left for the tenant on 31 January 2024.
The landlord has made numerous attempts to locate and speak to the tenant, as it did not want to terminate the tenancy if she wished to continue with it. They were never able to get hold of her. They had initially spoken to what they believed was her partner and were under the impression she may have been staying with him. However, after he went to jail, she did not return to her rental premise.
The landlord has continued to try and find the tenant to speak to her in person but has been unable to contact her. On 11 April 2024, the landlord made an application to terminate the tenancy and to be granted possession back of the premise as it had been unsuccessful at locating the tenant or being able to speak with her.
On 6 May 2024, the landlord did a property inspection. The inspection photographs show the premise has been left in a reasonably clean and tidy condition and there is very little, if any of the tenant’s property remaining in the premises. There is a small mattress on the floor, a few empty bottles on the deck, a balloon, and a toy. None of these items have any real resale value and are likely to be unwanted items left behind by the tenant.
I am satisfied that the tenant has abandoned the premises and that there is no evidence that she is likely to return.
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 from the date the landlord knew or reasonably ought to have known the tenancy had been abandoned, being 14 February 2024. Therefore, the last day of the tenancy is 13 March 2024.

Order

The tenancy of Kim Amy Cheryl Peni at Unit/Flat 3, 5 Cadness Street, Northcote, Auckland 0627 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59pm on Monday 6 May 2024.
Kim Amy Cheryl Peni must pay Kāinga Ora–Homes And Communities $3,429.14 immediately, being rent arrears to 13 March 2024.

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 and chose not to attend.
I tried to contact the tenant on the two phone numbers provided for her and both were no longer in service. The landlord tried to contact her and also left notices in the rental premises, but she never returned to the premises to collect these notices.
As far as I am aware, her email address is still current, and she has been served notice of these proceedings on that email address.
The landlord has applied for termination of the tenancy and rent arrears.

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 14 February 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord had issued a 14-day notice on 31 January 2024 requiring the tenant to return to the premises as a condition of her social housing tenancy is that she reside in the premises. There is a waiting list for social housing and housing not being used by a tenant can be reallocated to someone on the wait list.
The tenant did not respond to the 14-day notice and the landlord found the notice in the same place it had been left for the tenant on 31 January 2024.
The landlord has made numerous attempts to locate and speak to the tenant, as it did not want to terminate the tenancy if she wished to continue with it. They were never able to get hold of her. They had initially spoken to what they believed was her partner and were under the impression she may have been staying with him. However, after he went to jail, she did not return to her rental premise.
The landlord has continued to try and find the tenant to speak to her in person but has been unable to contact her. On 11 April 2024, the landlord made an application to terminate the tenancy and to be granted possession back of the premise as it had been unsuccessful at locating the tenant or being able to speak with her.
On 6 May 2024, the landlord did a property inspection. The inspection photographs show the premise has been left in a reasonably clean and tidy condition and there is very little, if any of the tenant’s property remaining in the premises. There is a small mattress on the floor, a few empty bottles on the deck, a balloon, and a toy. None of these items have any real resale value and are likely to be unwanted items left behind by the tenant.
I am satisfied that the tenant has abandoned the premises and that there is no evidence that she is likely to return.
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 from the date the landlord knew or reasonably ought to have known the tenancy had been abandoned, being 14 February 2024. Therefore, the last day of the tenancy is 13 March 2024.

Tenancy Tribunal case 4858600 — Rent arrears at Unit/Flat 3, 5 Cadness Street, Northcote, Auckland 0627

At a glance

Tenancy Tribunal case 4858600 — Rent arrears at Unit/Flat 3, 5 Cadness Street, Northcote, Auckland 0627

At a glance

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

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