What was the outcome of Tenancy Tribunal case 4928673?

The tribunal order states: The landlord’s application for termination is dismissed.

How much money was awarded in case 4928673?

Filing Fee: $27.00 awarded to landlord; Rent: $1,513.54 awarded to landlord

What type of tenancy dispute was case 4928673?

The dispute type was not classified.

Where can I read the official tribunal order for case 4928673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10676014-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4928673?

The tribunal order states: The landlord’s application for termination is dismissed.

How much money was awarded in case 4928673?

Filing Fee: $27.00 awarded to landlord; Rent: $1,513.54 awarded to landlord

What type of tenancy dispute was case 4928673?

The dispute type was not classified.

Where can I read the official tribunal order for case 4928673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10676014-Tribunal_Order.pdf.

21 Hamilton Drive, Waiuku, Waiuku 2123 Tenancy Tribunal Case 4928673 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4928673 — net $1,540.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 30 July 2024	$1,513.54	Rent to 30 July 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,540.54
Total payable by Tenant to Landlord	$1,540.54

The landlord attended the hearing on 30 July 2024. There was no appearance by the tenant or any representative of the tenant.

The landlord applied for termination of the tenancy for abandonment. At the hearing, I permitted the landlord to amend the application to seek termination for breach of the tenant’s obligations. The notice of hearing indicated that termination would be sought at the hearing.

The meaning of “abandonment” is not defined in the Residential Tenancies Act 1986 (the Act). A workable definition, as set out in the application form, is that a property is abandoned when the rent is in arrears, there are reasonable grounds to believe the tenant has left and is not intending to return, and possession has not been returned to the landlord.

The tenant has been arrested, apparently on serious charges, and is in prison. In those circumstances, I am not satisfied that the tenant has abandoned the property. Abandonment connotes a voluntary decision to leave and not return. The tenant has been involuntarily detained for alleged criminal activity.

At the date of the application, 1 July 2024, the rent was in arrears by less than 2 weeks. It is not possible to terminate under section 55(1)(a) of the Act.

On 30 July 2024, the rent arrears were $1,513.54 (the weekly rent being $580.00). This is equivalent to about 2½ weeks rent. The rent arrears being less than 21 days at the date of the hearing, section 56(2) of the Act does not apply.

Alternatively, the Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate (section 56(1) of the Act). The tenant has breached their obligations by not paying the rent. Before the Tribunal can terminate, the landlord must have served a notice on the tenant requiring the breach to be remedied in not less than 14-days and the tenant must fail to remedy the default within the required period.

Following the hearing, I requested that the landlord provide a copy of the 14-day notice requiring the tenant to remedy the breach. The landlord produced a 14- day notice dated 18 July 2024. The period for remedying the breach only expired on 1 August 2024. It follows that, on the day of the hearing, the 14-day notice had not yet expired and there were no grounds to terminate pursuant to section 56(1) of the Act.

After the hearing I also requested that the landlord provide an updated rent summary to 2 August 2024. I would have been willing to consider terminating the tenancy if this rent summary showed that the rent arrears were not less than 21 days at that time (on the basis that the rent must be at least 21 days in arrears “at the time of determining the matter” - section 56(2)). However, no updated rent summary has been provided.

It would probably be in both parties’ interests for this tenancy to terminate. For the reasons given above, and in the absence of a response from the landlord, I am unable to identify grounds for termination. The landlord may wish to apply for a rehearing and request that, if a rehearing is granted, that the Tribunal immediately determine the matter.

The application for termination is dismissed. I award the claimed rent arrears to 30 July 2024 and the filing fee. The bond remains at the Bond Centre.

Claims and awards in Tenancy Tribunal application 4928673 — net $1,540.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 30 July 2024	$1,513.54	Rent to 30 July 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,540.54
Total payable by Tenant to Landlord	$1,540.54

Order

The landlord’s application for termination is dismissed.
Olivia McClure (PRN: 80507896) must pay Motueka Real Estate Limited T/A Corinthian Property Managment - as Agent for Nhung Thi Hong Nguyen $1,540.54 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing on 30 July 2024. There was no appearance by the tenant or any representative of the tenant.
The landlord applied for termination of the tenancy for abandonment. At the hearing, I permitted the landlord to amend the application to seek termination for breach of the tenant’s obligations. The notice of hearing indicated that termination would be sought at the hearing.
The meaning of “abandonment” is not defined in the Residential Tenancies Act 1986 (the Act). A workable definition, as set out in the application form, is that a property is abandoned when the rent is in arrears, there are reasonable grounds to believe the tenant has left and is not intending to return, and possession has not been returned to the landlord.
The tenant has been arrested, apparently on serious charges, and is in prison. In those circumstances, I am not satisfied that the tenant has abandoned the property. Abandonment connotes a voluntary decision to leave and not return. The tenant has been involuntarily detained for alleged criminal activity.
At the date of the application, 1 July 2024, the rent was in arrears by less than 2 weeks. It is not possible to terminate under section 55(1)(a) of the Act.
On 30 July 2024, the rent arrears were $1,513.54 (the weekly rent being $580.00). This is equivalent to about 2½ weeks rent. The rent arrears being less than 21 days at the date of the hearing, section 56(2) of the Act does not apply.
Alternatively, the Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate (section 56(1) of the Act). The tenant has breached their obligations by not paying the rent. Before the Tribunal can terminate, the landlord must have served a notice on the tenant requiring the breach to be remedied in not less than 14-days and the tenant must fail to remedy the default within the required period.
Following the hearing, I requested that the landlord provide a copy of the 14-day notice requiring the tenant to remedy the breach. The landlord produced a 14- day notice dated 18 July 2024. The period for remedying the breach only expired on 1 August 2024. It follows that, on the day of the hearing, the 14-day notice had not yet expired and there were no grounds to terminate pursuant to section 56(1) of the Act.
After the hearing I also requested that the landlord provide an updated rent summary to 2 August 2024. I would have been willing to consider terminating the tenancy if this rent summary showed that the rent arrears were not less than 21 days at that time (on the basis that the rent must be at least 21 days in arrears “at the time of determining the matter” - section 56(2)). However, no updated rent summary has been provided.
It would probably be in both parties’ interests for this tenancy to terminate. For the reasons given above, and in the absence of a response from the landlord, I am unable to identify grounds for termination. The landlord may wish to apply for a rehearing and request that, if a rehearing is granted, that the Tribunal immediately determine the matter.
The application for termination is dismissed. I award the claimed rent arrears to 30 July 2024 and the filing fee. The bond remains at the Bond Centre.

Tenancy Tribunal case 4928673 — Tenancy dispute at 21 Hamilton Drive, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 4928673 — Tenancy dispute at 21 Hamilton Drive, Waiuku, Waiuku 2123

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions