What was the outcome of Tenancy Tribunal case 4926314?

The tribunal order states: The tenancy of Gilmar Berlim at Room A, Unit/Flat B, 3 Rostrevor Street,

How much money was awarded in case 4926314?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,937.14 awarded to landlord

What type of tenancy dispute was case 4926314?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4926314?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10717283-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4926314?

The tribunal order states: The tenancy of Gilmar Berlim at Room A, Unit/Flat B, 3 Rostrevor Street,

How much money was awarded in case 4926314?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,937.14 awarded to landlord

What type of tenancy dispute was case 4926314?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4926314?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10717283-Tenancy_Tribunal_Order.pdf.

Room A, Unit/Flat B, 3 Rostrevor Street, Hamilton Central, Tenancy Tribunal Case 4926314 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4926314 — net $2,917.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 August 2024	$3,937.14	Rent arrears to 12 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,917.58
Total payable by Tenant to Landlord	$2,917.58

The tenancy of Gilmar Berlim at Room A, Unit/Flat B, 3 Rostrevor Street, Hamilton Central, Hamilton 3204 is terminated, and possession is granted to Online Rentals Limited T/A Ray White Hamilton as Agent or Susan Rogers, immediately.

The Bond Centre is to pay the bond of $1,040.00 (6134353-017) to Online Rentals Limited T/A Ray White Hamilton as Agent for Susan Rogers immediately.

Gilmar Berlim must pay Online Rentals Limited T/A Ray White Hamilton as Agent for Susan Rogers $2,917.58 immediately, calculated as shown in the table below:

This Order replaces TT 4857445 dated 24 June 2024.

Reasons

Ms Singh appeared for the landlord by telephone. The contact phone number for the tenant appears to be disconnected.

The tenancy commenced on 20 November 2023 and is periodic.

The landlord has applied for termination of the tenancy, rent arrears, refund of the bond, and reimbursement of the filing fee.

On 24 June 2024, the Tribunal awarded the landlord rent arears to 30 June 2024 (see TT 4857445).

On 26 June 2024, the landlord filed an application seeking termination of the tenancy on the basis that the tenant was at least 21 days in arrears at the material time. See section 55(1)(a) Residential Tenancies Act 1986 (The “Act”)

On 15 July 2024, the landlord advised the Registry that an associate of the tenant had handed the keys to the landlord, apparently on behalf of the tenant, who had left the property. On 16 July 2024, Ms Singh conducted an inspection of the property and found the property to be vacant. Photographs have been produced taken by Ms Singh on 16 July 2024 showing the property empty.

The landlord’s claim is for termination and rent arrears to 12 August 2024. Ms Singh states this calculation was made by taking the rent arrears to 15 July 2024, plus 28 days in lieu of notice, the minimum period required for a tenant unilaterally seeking to end a periodic tenancy, resulting in the date of 12 August 2024.

In Wright v Morton TT363/96, 638/94, 494/94, 31 July 1996, Dunedin, the Court found that when a landlord files for termination and possession based on rent arrears and subsequently discovers prior to hearing that that the tenant has since left the property without notice, the landlord cannot amend the application to abandonment. The tenancy Wright v Morton was a fixed term.

Section 61(3)(a) of the Act provides that in the case of a periodic tenancy I, a tenant who abandons a property is liable for rent for a period of twenty-eight days from the date the landlord ought reasonably to have known the property had been abandoned or the commencement of a new tenancy. Section 61(3)(b) provides that in the case of a fixed term tenancy, the landlrod is entitled to claim rent to the end of the fixed term or the commencement of a new tenancy.

In Wright v Morton, after attempting to amend their application from termination for rent arrears, which would have resulted in rent being awarded up to the date of termination, to one of abandonment, the landlord then sought to claim rent to the end of a fixed term. The Court accepted the tenant’s argument that having achieved what they had wanted, that is possession, seeking to recover rent to the end of the fixed term would result in an unjustified windfall.

In this case, there is no record of the landlord seeking to amend the application to termination for rent arrears of more than 21 days to one of abandonment. Based on the evidence produced, namely the up to date rent summary, I am satisfied the tenant was at least 21 days in arrears at the time the application was filed on 26 June 2024.

The tenancy is terminated, and possession granted to the landlord immediately. The landlord is awarded rent arrears to 12 August 2024 as claimed. Costs

Because Online Rentals Limited T/A Ray White Hamilton as Agent for Susan Rogers has wholly succeeded with the claim, I must reimburse the filing fee. Name suppression

Although entitled under section 95A of the Act the landlord does not seek name suppression.

Claims and awards in Tenancy Tribunal application 4926314 — net $2,917.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 August 2024	$3,937.14	Rent arrears to 12 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,917.58
Total payable by Tenant to Landlord	$2,917.58

Order

The tenancy of Gilmar Berlim at Room A, Unit/Flat B, 3 Rostrevor Street, Hamilton Central, Hamilton 3204 is terminated, and possession is granted to Online Rentals Limited T/A Ray White Hamilton as Agent or Susan Rogers, immediately.
The Bond Centre is to pay the bond of $1,040.00 (6134353-017) to Online Rentals Limited T/A Ray White Hamilton as Agent for Susan Rogers immediately.
Gilmar Berlim must pay Online Rentals Limited T/A Ray White Hamilton as Agent for Susan Rogers $2,917.58 immediately, calculated as shown in the table below:
This Order replaces TT 4857445 dated 24 June 2024.

Reasons

Ms Singh appeared for the landlord by telephone. The contact phone number for the tenant appears to be disconnected.
The tenancy commenced on 20 November 2023 and is periodic.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond, and reimbursement of the filing fee.
On 24 June 2024, the Tribunal awarded the landlord rent arears to 30 June 2024 (see TT 4857445).
On 26 June 2024, the landlord filed an application seeking termination of the tenancy on the basis that the tenant was at least 21 days in arrears at the material time. See section 55(1)(a) Residential Tenancies Act 1986 (The “Act”)
On 15 July 2024, the landlord advised the Registry that an associate of the tenant had handed the keys to the landlord, apparently on behalf of the tenant, who had left the property. On 16 July 2024, Ms Singh conducted an inspection of the property and found the property to be vacant. Photographs have been produced taken by Ms Singh on 16 July 2024 showing the property empty.
The landlord’s claim is for termination and rent arrears to 12 August 2024. Ms Singh states this calculation was made by taking the rent arrears to 15 July 2024, plus 28 days in lieu of notice, the minimum period required for a tenant unilaterally seeking to end a periodic tenancy, resulting in the date of 12 August 2024.
In Wright v Morton TT363/96, 638/94, 494/94, 31 July 1996, Dunedin, the Court found that when a landlord files for termination and possession based on rent arrears and subsequently discovers prior to hearing that that the tenant has since left the property without notice, the landlord cannot amend the application to abandonment. The tenancy Wright v Morton was a fixed term.
Section 61(3)(a) of the Act provides that in the case of a periodic tenancy I, a tenant who abandons a property is liable for rent for a period of twenty-eight days from the date the landlord ought reasonably to have known the property had been abandoned or the commencement of a new tenancy. Section 61(3)(b) provides that in the case of a fixed term tenancy, the landlrod is entitled to claim rent to the end of the fixed term or the commencement of a new tenancy.
In Wright v Morton, after attempting to amend their application from termination for rent arrears, which would have resulted in rent being awarded up to the date of termination, to one of abandonment, the landlord then sought to claim rent to the end of a fixed term. The Court accepted the tenant’s argument that having achieved what they had wanted, that is possession, seeking to recover rent to the end of the fixed term would result in an unjustified windfall.
In this case, there is no record of the landlord seeking to amend the application to termination for rent arrears of more than 21 days to one of abandonment. Based on the evidence produced, namely the up to date rent summary, I am satisfied the tenant was at least 21 days in arrears at the time the application was filed on 26 June 2024.
The tenancy is terminated, and possession granted to the landlord immediately. The landlord is awarded rent arrears to 12 August 2024 as claimed. Costs
Because Online Rentals Limited T/A Ray White Hamilton as Agent for Susan Rogers has wholly succeeded with the claim, I must reimburse the filing fee. Name suppression
Although entitled under section 95A of the Act the landlord does not seek name suppression.

Tenancy Tribunal case 4926314 — Rent arrears at Room A, Unit/Flat B, 3 Rostrevor Street, Hamilton Central,

At a glance

Tenancy Tribunal case 4926314 — Rent arrears at Room A, Unit/Flat B, 3 Rostrevor Street, Hamilton Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions