What was the outcome of Tenancy Tribunal case 4890080?

The tribunal order states: The tenancy of Kurt Andrew-Noel Baussmann at [Tenancy address suppressed]

How much money was awarded in case 4890080?

Rent Arrears: $5,091.43 awarded to landlord

What type of tenancy dispute was case 4890080?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4890080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10384361-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4890080?

The tribunal order states: The tenancy of Kurt Andrew-Noel Baussmann at [Tenancy address suppressed]

How much money was awarded in case 4890080?

Rent Arrears: $5,091.43 awarded to landlord

What type of tenancy dispute was case 4890080?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4890080?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10384361-Tenancy_Tribunal_Order.pdf.

Te Atatu Peninsula, Auckland Tenancy Tribunal Case 4890080 — Rent arrears

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Te Atatu Peninsula, Auckland Tenancy Tribunal Case 4890080 — 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 4890080 — net $5,091.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,091.43	Rent arrears
Net award	$5,091.43
Total payable by Tenant to Landlord	$5,091.43

Claims and awards for application 4890080 — net $5,091.43 NZD. Verify on MoJ.

Rent arrears

Amount: $5,091.43
Awarded to: Landlord
Reason: Rent arrears

Net award

Landlord $5,091.43

Total payable by Tenant to Landlord

Landlord $5,091.43

Claim types — money lines allowed on this order

Rent arrears

Order

The tenancy of Kurt Andrew-Noel Baussmann at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
Kurt Andrew-Noel Baussmann must pay [The landlord/s] $5,091.43 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing on 7 June 2024.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
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 21 May 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Correspondence with the tenant in April 2024 indicated that the tenant was to return to the premises.
A subsequent telephone call with the tenant on 26 April 2024 indicated that the tenant wished to leave the premises, but no date was agreed upon.
The property manager attended to the property on 30 April 2024 and took photos. The photos show that the property was in very poor condition. The photos did show that some tenant furniture and belongings were inside the house.
The landlord was no longer able to contact the tenant.
The property manager returned to the property on 21 May 2024. Further photos taken then show that nothing had been moved at all since the visit some three weeks earlier.
No rent had been paid since 6 April 2024.
In all of those circumstances, I consider that the tenant has left the property without reasonable excuse and does not intend to return.
As 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 is $5,091.43.
The landlord has applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered.

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 4890080 — net $5,091.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,091.43	Rent arrears
Net award	$5,091.43
Total payable by Tenant to Landlord	$5,091.43

Claims and awards for application 4890080 — net $5,091.43 NZD. Verify on MoJ.

Rent arrears

Amount: $5,091.43
Awarded to: Landlord
Reason: Rent arrears

Net award

Landlord $5,091.43

Total payable by Tenant to Landlord

Landlord $5,091.43

Claim types — money lines allowed on this order

Rent arrears

Order

The tenancy of Kurt Andrew-Noel Baussmann at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
Kurt Andrew-Noel Baussmann must pay [The landlord/s] $5,091.43 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing on 7 June 2024.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
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 21 May 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Correspondence with the tenant in April 2024 indicated that the tenant was to return to the premises.
A subsequent telephone call with the tenant on 26 April 2024 indicated that the tenant wished to leave the premises, but no date was agreed upon.
The property manager attended to the property on 30 April 2024 and took photos. The photos show that the property was in very poor condition. The photos did show that some tenant furniture and belongings were inside the house.
The landlord was no longer able to contact the tenant.
The property manager returned to the property on 21 May 2024. Further photos taken then show that nothing had been moved at all since the visit some three weeks earlier.
No rent had been paid since 6 April 2024.
In all of those circumstances, I consider that the tenant has left the property without reasonable excuse and does not intend to return.
As 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 is $5,091.43.
The landlord has applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 4890080 — Rent arrears in Te Atatu Peninsula, Auckland

At a glance

Tenancy Tribunal case 4890080 — Rent arrears in Te Atatu Peninsula, Auckland

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