What was the outcome of Tenancy Tribunal case 4911484?

The tribunal order states: The tenancy of Darcie Shannon Avison at 28 Penguin Grove, Waitangirua,

How much money was awarded in case 4911484?

Rent Arrears: $8,981.00 awarded to landlord

What type of tenancy dispute was case 4911484?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4911484?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10617180-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4911484?

The tribunal order states: The tenancy of Darcie Shannon Avison at 28 Penguin Grove, Waitangirua,

How much money was awarded in case 4911484?

Rent Arrears: $8,981.00 awarded to landlord

What type of tenancy dispute was case 4911484?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4911484?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10617180-Tenancy_Tribunal_Order.pdf.

28 Penguin Grove, Waitangirua, Porirua 5024 Tenancy Tribunal Case 4911484 — Rent arrears

Claims and awards in Tenancy Tribunal application 4911484 — net $8,981.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.5.2024	$8,981.00	Rent arrears to 28.5.2024
Net award	$8,981.00
Total payable by Tenant to Landlord	$8,981.00

Order

The tenancy of Darcie Shannon Avison at 28 Penguin Grove, Waitangirua, Porirua 5024 is terminated, and possession is granted to Kāinga Ora–Homes And Communities , immediately.
Darcie Shannon Avison must pay Kāinga Ora–Homes And Communities $8,981.00 immediately, calculated as shown in the table below:

Reasons

Ms Perese attended the teleconference hearing on behalf of the landlord. A new phone number, the last three digits being 103, was provided on the day of hearing for the tenant. This phone number was called and the tenant, Ms Avison, answered. Ms Avison said there were other people in the room with her during the hearing but repeatedly refused to name them. She refused to ask the other people in the room with her to leave the room, nor would she agree to move into another room by herself so the hearing could proceed. She requested an adjournment, saying she had not been given information that she would have to identify others in the room with her during the hearing. I refused her request for an adjournment as no valid reason had been provided to adjourn the matter. I told the tenant she would need to identify others in the room with her during the hearing, in the same way she would have to do this in a face-to-face hearing, or the hearing might have to proceed without her involvement. She continued to refuse to identify the others with her. I then asked Ms Avison if I could usefully call her on her original phone number instead for the hearing, to which she agreed. She confirmed her original phone number and hung up. I then rang her original phone number, the last three digits being 554, twice. Both calls went to voicemail. I then rang the earlier phone number, the last three digits being 103, again, which also went to voicemail. I had made a number of attempts to reach Ms Avison again to join her to the hearing, without success. As Ms Avison was served and was obviously aware of the hearing, the hearing proceeded in her absence.
The landlord has applied for termination of the tenancy for abandonment and for breach of the Tenancy Agreement and for 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 30 April 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said they went to put a 14-day notice to the tenant into the tenant’s mailbox on 30 April 2024 and was told by the tenant’s brother at that time that the tenant no longer lived at the property. The landlord carried out a routine inspection on 20 May 2024 and again were met with the tenant’s brother, who said she still no longer lived at the property. The landlord said the tenant was not present at the property during the inspection on 20 May 2024. The tenant’s brother would not apparently let the landlord take photographs of the interior of the property, but the landlord took photographs of the exterior of the property, which were provided by the landlord. These photographs showed inorganic rubbish left outside the property, including an old mattress. The landlord saw the power meter to the property was disconnected during their visit on 20 May 2024. The landlord then returned to visit the property on 22 July 2024, at which time they noticed the power meter was still disconnected. The landlord said that, from this, they surmised there had been no power to the property from May 2024 to July 2024, and with overgrown lawns and rubbish left outside, the property had not been maintained. Photographs of the disconnected power meter, as well as inspection reports, were also provided by the landlord. Ms Perese said the property has been abandoned by the tenant. In the circumstances and given the evidence provided, I find it likely that the tenant has abandoned the property.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.
The landlord said further that the Tenancy Agreement has as a condition that the tenant is to live at the premises continuously or notify the landlord if the tenant is away for a while or moving. The landlord said the tenant has been in breach of the Tenancy Agreement as she has not been living at the property. The landlord said it has been very challenging for them to get any communication from the tenant.

How much does the tenant owe?

This is a periodic tenancy. As the landlord first became aware that the property was abandoned on 30 April 2024, the tenant is liable to pay 28 days’ rent from 30 April 2024, which is up to 28 May 2024. See section 61(3)(a)(i) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing by the tenant in rent to 28 May 2024, which is $8,981.00. The amount ordered includes rent in lieu of notice.

Claims and awards in Tenancy Tribunal application 4911484 — net $8,981.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.5.2024	$8,981.00	Rent arrears to 28.5.2024
Net award	$8,981.00
Total payable by Tenant to Landlord	$8,981.00

Order

The tenancy of Darcie Shannon Avison at 28 Penguin Grove, Waitangirua, Porirua 5024 is terminated, and possession is granted to Kāinga Ora–Homes And Communities , immediately.
Darcie Shannon Avison must pay Kāinga Ora–Homes And Communities $8,981.00 immediately, calculated as shown in the table below:

Reasons

Ms Perese attended the teleconference hearing on behalf of the landlord. A new phone number, the last three digits being 103, was provided on the day of hearing for the tenant. This phone number was called and the tenant, Ms Avison, answered. Ms Avison said there were other people in the room with her during the hearing but repeatedly refused to name them. She refused to ask the other people in the room with her to leave the room, nor would she agree to move into another room by herself so the hearing could proceed. She requested an adjournment, saying she had not been given information that she would have to identify others in the room with her during the hearing. I refused her request for an adjournment as no valid reason had been provided to adjourn the matter. I told the tenant she would need to identify others in the room with her during the hearing, in the same way she would have to do this in a face-to-face hearing, or the hearing might have to proceed without her involvement. She continued to refuse to identify the others with her. I then asked Ms Avison if I could usefully call her on her original phone number instead for the hearing, to which she agreed. She confirmed her original phone number and hung up. I then rang her original phone number, the last three digits being 554, twice. Both calls went to voicemail. I then rang the earlier phone number, the last three digits being 103, again, which also went to voicemail. I had made a number of attempts to reach Ms Avison again to join her to the hearing, without success. As Ms Avison was served and was obviously aware of the hearing, the hearing proceeded in her absence.
The landlord has applied for termination of the tenancy for abandonment and for breach of the Tenancy Agreement and for 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 30 April 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said they went to put a 14-day notice to the tenant into the tenant’s mailbox on 30 April 2024 and was told by the tenant’s brother at that time that the tenant no longer lived at the property. The landlord carried out a routine inspection on 20 May 2024 and again were met with the tenant’s brother, who said she still no longer lived at the property. The landlord said the tenant was not present at the property during the inspection on 20 May 2024. The tenant’s brother would not apparently let the landlord take photographs of the interior of the property, but the landlord took photographs of the exterior of the property, which were provided by the landlord. These photographs showed inorganic rubbish left outside the property, including an old mattress. The landlord saw the power meter to the property was disconnected during their visit on 20 May 2024. The landlord then returned to visit the property on 22 July 2024, at which time they noticed the power meter was still disconnected. The landlord said that, from this, they surmised there had been no power to the property from May 2024 to July 2024, and with overgrown lawns and rubbish left outside, the property had not been maintained. Photographs of the disconnected power meter, as well as inspection reports, were also provided by the landlord. Ms Perese said the property has been abandoned by the tenant. In the circumstances and given the evidence provided, I find it likely that the tenant has abandoned the property.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.
The landlord said further that the Tenancy Agreement has as a condition that the tenant is to live at the premises continuously or notify the landlord if the tenant is away for a while or moving. The landlord said the tenant has been in breach of the Tenancy Agreement as she has not been living at the property. The landlord said it has been very challenging for them to get any communication from the tenant.

How much does the tenant owe?

This is a periodic tenancy. As the landlord first became aware that the property was abandoned on 30 April 2024, the tenant is liable to pay 28 days’ rent from 30 April 2024, which is up to 28 May 2024. See section 61(3)(a)(i) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing by the tenant in rent to 28 May 2024, which is $8,981.00. The amount ordered includes rent in lieu of notice.

Tenancy Tribunal case 4911484 — Rent arrears at 28 Penguin Grove, Waitangirua, Porirua 5024

At a glance

Tenancy Tribunal case 4911484 — Rent arrears at 28 Penguin Grove, Waitangirua, Porirua 5024

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