What was the outcome of Tenancy Tribunal case 4918953?

The tribunal order states: The tenancy of Carlos Alberto Vasquez and Joselyn Alejandra Arias at Unit/Flat

How much money was awarded in case 4918953?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,378.57 awarded to landlord; Water Rates: $34.63 awarded to landlord

What type of tenancy dispute was case 4918953?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4918953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10591176-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4918953?

The tribunal order states: The tenancy of Carlos Alberto Vasquez and Joselyn Alejandra Arias at Unit/Flat

How much money was awarded in case 4918953?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,378.57 awarded to landlord; Water Rates: $34.63 awarded to landlord

What type of tenancy dispute was case 4918953?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4918953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10591176-Tenancy_Tribunal_Order.pdf.

Unit/Flat 10, 14 Seaview Terrace, Mount Albert, Auckland Tenancy Tribunal Case 4918953 — Rent arrears

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Unit/Flat 10, 14 Seaview Terrace, Mount Albert, Auckland Tenancy Tribunal Case 4918953 — 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 4918953 — net $1,233.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 15 July 2024	$3,378.57	Rent arrears as at 15 July 2024
Water rates as at 15 July 2024	$34.63	Water rates as at 15 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,233.64
Total payable by Tenant to Landlord	$1,233.64

Claims and awards for application 4918953 — net $1,233.64 NZD. Verify on MoJ.

Rent arrears as at 15 July 2024

Amount: $3,378.57
Awarded to: Landlord
Reason: Rent arrears as at 15 July 2024

Water rates as at 15 July 2024

Amount: $34.63
Awarded to: Landlord
Reason: Water rates as at 15 July 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,233.64

Total payable by Tenant to Landlord

Landlord $1,233.64

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Carlos Alberto Vasquez and Joselyn Alejandra Arias at Unit/Flat 10, 14 Seaview Terrace, Mount Albert, Auckland 1025 is terminated, and possession is immediately granted to Patras & Co Real Estate Limited As Agent For Shuang Li.
The Bond Centre is to pay the bond of $2,200.00 (3116501-009) to Patras & Co Real Estate Limited As Agent For Shuang Li immediately.
Carlos Alberto Vasquez and Joselyn Alejandra Arias must pay Patras & Co Real Estate Limited As Agent For Shuang Li $1,233.64 immediately, calculated as shown in the table below:
Patras & Co Real Estate Limited As Agent For Shuang Li 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.

Reasons

This hearing was scheduled to be heard by teleconference. I rang the number provide for the tenants but it did not connect. The hearing proceeded in their absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, outstanding water rates, reimbursement of the filing fee, a disposal order and payment of the bond.

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 17 June 2024 the landlord became aware that the tenant had abandoned the premises. They went to the tenancy address because the tenants had not responded to a notice to pay their rent arrears and found that there was no one home and that their belongings, apart from some furniture and some smaller items, had been removed.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much do the tenants owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
I also accept the evidence showing that as at today’s date there is $34.63 outstanding in water rates.
I am also ordering the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against them. Disposal of goods
The landlord has also applied for the disposal of goods the tenants left at the premises at the end of the tenancy.
The landlord is unable to contact the tenants.
It is not practicable for the landlord to the 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. C ter Haar 17 July 2024

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 4918953 — net $1,233.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 15 July 2024	$3,378.57	Rent arrears as at 15 July 2024
Water rates as at 15 July 2024	$34.63	Water rates as at 15 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,233.64
Total payable by Tenant to Landlord	$1,233.64

Claims and awards for application 4918953 — net $1,233.64 NZD. Verify on MoJ.

Rent arrears as at 15 July 2024

Amount: $3,378.57
Awarded to: Landlord
Reason: Rent arrears as at 15 July 2024

Water rates as at 15 July 2024

Amount: $34.63
Awarded to: Landlord
Reason: Water rates as at 15 July 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,233.64

Total payable by Tenant to Landlord

Landlord $1,233.64

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

The tenancy of Carlos Alberto Vasquez and Joselyn Alejandra Arias at Unit/Flat 10, 14 Seaview Terrace, Mount Albert, Auckland 1025 is terminated, and possession is immediately granted to Patras & Co Real Estate Limited As Agent For Shuang Li.
The Bond Centre is to pay the bond of $2,200.00 (3116501-009) to Patras & Co Real Estate Limited As Agent For Shuang Li immediately.
Carlos Alberto Vasquez and Joselyn Alejandra Arias must pay Patras & Co Real Estate Limited As Agent For Shuang Li $1,233.64 immediately, calculated as shown in the table below:
Patras & Co Real Estate Limited As Agent For Shuang Li 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.

Reasons

This hearing was scheduled to be heard by teleconference. I rang the number provide for the tenants but it did not connect. The hearing proceeded in their absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, outstanding water rates, reimbursement of the filing fee, a disposal order and payment of the bond.

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 17 June 2024 the landlord became aware that the tenant had abandoned the premises. They went to the tenancy address because the tenants had not responded to a notice to pay their rent arrears and found that there was no one home and that their belongings, apart from some furniture and some smaller items, had been removed.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much do the tenants owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
I also accept the evidence showing that as at today’s date there is $34.63 outstanding in water rates.
I am also ordering the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against them. Disposal of goods
The landlord has also applied for the disposal of goods the tenants left at the premises at the end of the tenancy.
The landlord is unable to contact the tenants.
It is not practicable for the landlord to the 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. C ter Haar 17 July 2024

Tenancy Tribunal case 4918953 — Rent arrears at Unit/Flat 10, 14 Seaview Terrace, Mount Albert, Auckland

At a glance

Tenancy Tribunal case 4918953 — Rent arrears at Unit/Flat 10, 14 Seaview Terrace, Mount Albert, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much do the tenants 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 do the tenants owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions