What was the outcome of Tenancy Tribunal case 4862225?

The tribunal order states: The tenancy of Penane Fouvale at Unit 21, 12 Kirton Crescent, Manurewa is

How much money was awarded in case 4862225?

Rent Arrears: $1,477.42 awarded to landlord

What type of tenancy dispute was case 4862225?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4862225?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10260211-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4862225?

The tribunal order states: The tenancy of Penane Fouvale at Unit 21, 12 Kirton Crescent, Manurewa is

How much money was awarded in case 4862225?

Rent Arrears: $1,477.42 awarded to landlord

What type of tenancy dispute was case 4862225?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4862225?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10260211-Tenancy_Tribunal_Order.pdf.

Unit/Flat 21, 12 Kirton Crescent, Manurewa, Auckland 2102 Tenancy Tribunal Case 4862225 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4862225 — net $1,117.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,477.42	Rent arrears
Net award	$1,117.42
Total payable by Tenant to Landlord	$1,117.42

The tenancy of Penane Fouvale at Unit 21, 12 Kirton Crescent, Manurewa is terminated and Haumaru Housing Limited Partnership is granted possession of the premises at Unit/Flat 21, 12 Kirton Crescent, Manurewa, Auckland 2102 immediately.

Penane Fouvale must pay Haumaru Housing Limited Partnership $1,117.42 immediately, being rent arrears to 29 January 2024 as calculated and set out below: DescriptionLandlord Rent arrears$1,477.42 Total award$1,477.42 Minus Bond$360.00 Total payable by Tenant to Landlord$1,117.42

The Bond Centre is to pay the bond of $360.00 () to Haumaru Housing Limited Partnership immediately.

Haumaru Housing Limited Partnership has agreed to store the tenants’ possessions that were left at the property and hold them until the next of kin of the tenant collects it.

If the tenants’ possessions have not been collected from the landlord by 28 June 2024, Haumaru Housing Limited Partnership must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit after 28 June 2024.

Reasons

The landlord attended the hearing, the tenant did not attend.

The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

The landlord advised that the tenant is an elderly gentleman who has recently been taken into care as he was unable to live independently in the community due to health issues.

The landlord has been communicating with the next of kin of the tenant to make arrangements to end the tenancy and remove the tenant’s property from the unit.

The family do not have “Power of Attorney” to act for the tenant to terminate the tenancy. Therefore, the landlord sought to apply to the Tribunal for termination of the tenancy and immediate possession as the tenant has not resided in the unit since last year.

The landlord has applied for possession of the premises following the termination of the tenancy.

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.

The landlord became aware (or ought to have been aware) that the tenant had been moved to hospital in 2023. Subsequently he was put into care and effectively abandoned the premises.

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

Given the circumstances of the “abandonment” and the length of time the tenant has not been living at the property, possession is granted immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount of $1477.42 owing at 29 January 2024. The landlord does not seek to claim rent up until the termination date of 26 April 2024.

I am satisfied that the landlord has proven their claim for rent arrears. Disposal of goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord is in communication with the tenant’s family who are wanting to take possession of the tenant’s property, on his behalf.

The landlord is unable to contact the tenant directly.

The landlord seeks an order to include the property and if necessary, its disposal.

The landlord and family of the tenant are attempting to sort out a period for the collection of the goods. If, however, the family do not collect the property from the landlord by 5.00pm Friday 28 June 2024 the landlord may dispose of the tenant’s property as they see fit.

It is not practicable for the landlord to return the goods to the tenant. 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.

The bond is to be refunded immediately to the landlord to offset the debt owed by the tenant to the landlord.

Claims and awards in Tenancy Tribunal application 4862225 — net $1,117.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,477.42	Rent arrears
Net award	$1,117.42
Total payable by Tenant to Landlord	$1,117.42

Order

The tenancy of Penane Fouvale at Unit 21, 12 Kirton Crescent, Manurewa is terminated and Haumaru Housing Limited Partnership is granted possession of the premises at Unit/Flat 21, 12 Kirton Crescent, Manurewa, Auckland 2102 immediately.
Penane Fouvale must pay Haumaru Housing Limited Partnership $1,117.42 immediately, being rent arrears to 29 January 2024 as calculated and set out below: DescriptionLandlord Rent arrears$1,477.42 Total award$1,477.42 Minus Bond$360.00 Total payable by Tenant to Landlord$1,117.42
The Bond Centre is to pay the bond of $360.00 () to Haumaru Housing Limited Partnership immediately.
Haumaru Housing Limited Partnership has agreed to store the tenants’ possessions that were left at the property and hold them until the next of kin of the tenant collects it.
If the tenants’ possessions have not been collected from the landlord by 28 June 2024, Haumaru Housing Limited Partnership must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit after 28 June 2024.

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
The landlord advised that the tenant is an elderly gentleman who has recently been taken into care as he was unable to live independently in the community due to health issues.
The landlord has been communicating with the next of kin of the tenant to make arrangements to end the tenancy and remove the tenant’s property from the unit.
The family do not have “Power of Attorney” to act for the tenant to terminate the tenancy. Therefore, the landlord sought to apply to the Tribunal for termination of the tenancy and immediate possession as the tenant has not resided in the unit since last year.
The landlord has applied for possession of the premises following the termination of the tenancy.

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.
The landlord became aware (or ought to have been aware) that the tenant had been moved to hospital in 2023. Subsequently he was put into care and effectively abandoned the premises.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
Given the circumstances of the “abandonment” and the length of time the tenant has not been living at the property, possession is granted immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount of $1477.42 owing at 29 January 2024. The landlord does not seek to claim rent up until the termination date of 26 April 2024.
I am satisfied that the landlord has proven their claim for rent arrears. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord is in communication with the tenant’s family who are wanting to take possession of the tenant’s property, on his behalf.
The landlord is unable to contact the tenant directly.
The landlord seeks an order to include the property and if necessary, its disposal.
The landlord and family of the tenant are attempting to sort out a period for the collection of the goods. If, however, the family do not collect the property from the landlord by 5.00pm Friday 28 June 2024 the landlord may dispose of the tenant’s property as they see fit.
It is not practicable for the landlord to return the goods to the tenant. 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.
The bond is to be refunded immediately to the landlord to offset the debt owed by the tenant to the landlord.

Tenancy Tribunal case 4862225 — Rent arrears at Unit/Flat 21, 12 Kirton Crescent, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4862225 — Rent arrears at Unit/Flat 21, 12 Kirton Crescent, Manurewa, Auckland 2102

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