What was the outcome of Tenancy Tribunal case 4862325?

The tribunal order states: The tenancy of Joshua Vou Toese and Yvonne Vou Toese at 9 Cabaret Way,

How much money was awarded in case 4862325?

Rent Arrears: $3,556.00 awarded to landlord

What type of tenancy dispute was case 4862325?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4862325?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10332262-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4862325?

The tribunal order states: The tenancy of Joshua Vou Toese and Yvonne Vou Toese at 9 Cabaret Way,

How much money was awarded in case 4862325?

Rent Arrears: $3,556.00 awarded to landlord

What type of tenancy dispute was case 4862325?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4862325?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10332262-Tenancy_Tribunal_Order.pdf.

9 Cabaret Way, Botany Downs, Auckland 2010 Tenancy Tribunal Case 4862325 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4862325 — net $3,556.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/04/2024	$3,556.00	Rent arrears to 29/04/2024
Net award	$3,556.00
Total payable by Tenant to Landlord	$3,556.00

The tenancy of Joshua Vou Toese and Yvonne Vou Toese at 9 Cabaret Way, Botany Downs, Auckland 2010 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.

Joshua Vou Toese and Yvonne Vou Toese must pay Kāinga Ora–Homes And Communities $3,556.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was held by teleconference. The tenants did not attend. The tenants were contacted several times on the contact numbers provided in the application but on all occasions the call went straight to voicemail. I proceeded with the hearing in the tenants’ absence as I was satisfied adequate service of the hearing notice had been completed.

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

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 2 April 2024, the landlord became aware (or ought to have been aware) that the tenants had abandoned the premises.

The landlord has not received any response from the tenants to a ‘return to the property’ breach notice which was attached to the tenants’ front door on 15 March 2024.

The landlord has attempted to phone the tenants, including their emergency contacts however there was no answer to the calls.

A house visit was carried out on 2 April 2024, but no one answered the door. The landlord found the breach notice which was left on the front door was still there along with other unopened letters. On 15 April 2024, the landlord conducted a further house visit and viewed the inside of the property through the kitchen window and could see no furniture and rubbish/few pieces of clothing strewn out over the floor.

Neighbours have not seen the tenants since Christmas last year.

As the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing. The amount ordered includes rent in lieu of notice.

The landlord waived the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4862325 — net $3,556.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/04/2024	$3,556.00	Rent arrears to 29/04/2024
Net award	$3,556.00
Total payable by Tenant to Landlord	$3,556.00

The tenancy of Joshua Vou Toese and Yvonne Vou Toese at 9 Cabaret Way, Botany Downs, Auckland 2010 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.

Joshua Vou Toese and Yvonne Vou Toese must pay Kāinga Ora–Homes And Communities $3,556.00 immediately, calculated as shown in the table below:

Reasons

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

Should the tenancy be terminated?

On 2 April 2024, the landlord became aware (or ought to have been aware) that the tenants had abandoned the premises.

The landlord has not received any response from the tenants to a ‘return to the property’ breach notice which was attached to the tenants’ front door on 15 March 2024.

The landlord has attempted to phone the tenants, including their emergency contacts however there was no answer to the calls.

Neighbours have not seen the tenants since Christmas last year.

As the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing. The amount ordered includes rent in lieu of notice.

The landlord waived the filing fee.

Tenancy Tribunal case 4862325 — Rent arrears at 9 Cabaret Way, Botany Downs, Auckland 2010

At a glance

Tenancy Tribunal case 4862325 — Rent arrears at 9 Cabaret Way, Botany Downs, Auckland 2010

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