What was the outcome of Tenancy Tribunal case 4903515?

The tribunal order states: The tenancy of Luke Henry Walker at 39 Hodgson Place, Atawhai, Nelson 7010

How much money was awarded in case 4903515?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4903515?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4903515?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10538873-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4903515?

The tribunal order states: The tenancy of Luke Henry Walker at 39 Hodgson Place, Atawhai, Nelson 7010

How much money was awarded in case 4903515?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4903515?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4903515?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10538873-Tenancy_Tribunal_Order.pdf.

39 Hodgson Place, Atawhai, Nelson 7010 Tenancy Tribunal Case 4903515 — Rent arrears

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Order

The tenancy of Luke Henry Walker at 39 Hodgson Place, Atawhai, Nelson 7010 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 12 noon on Monday 8 July 2024.

Luke Henry Walker must pay Kāinga Ora–Homes And Communities $2,187.71 immediately, being rent arrears to 8 July 2024.

Reasons

A representative for the landlord attended the telephone hearing today.

I telephoned the last known number for the tenant and the phone went to a voicemail message. I continued the hearing as notice of the date and time has been posted to the tenancy address and emailed. Text reminders have also been sent.

The landlord has applied for termination of the tenancy for abandonment and payment of 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 3 July 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. In April and May 2024, the landlord hand delivered letters to the address advising the tenant that he must remain living at the house and advising of an inspection. The inspection took place on 13 May 2024 when it was discovered that although there are still belongings inside the house, the power was disconnected.

On 3 July 2024, the landlord confirmed that the power is still disconnected. This is visible on the electricity meter outside.

The tenant has not responded to any of the landlord’s letters, emails or phone calls.

Weekly payments are still being paid but these are not sufficient to pay the full rent. The rent arrears are increasing by about $140.00 per week.

I am satisfied that it is more probable than not that the tenant is not living at the premises. Rent is in arrears, so the tenancy is terminated as at Monday 8 July 2024.

The landlord provided rent records which prove the amount owing up to 8 July 2024 is $2,187.71. The landlord did not seek rent in lieu of notice. I award this amount.

If the tenant is still living at the premises, he should contact the landlord immediately.