What was the outcome of Tenancy Tribunal case 4961276?

The tribunal order states: The tenancy of Nathan Earl Day at 95 Hendon Avenue, Mount Albert, Auckland

How much money was awarded in case 4961276?

Rent Arrears: $525.42 awarded to landlord

What type of tenancy dispute was case 4961276?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4961276?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10718854-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4961276?

The tribunal order states: The tenancy of Nathan Earl Day at 95 Hendon Avenue, Mount Albert, Auckland

How much money was awarded in case 4961276?

Rent Arrears: $525.42 awarded to landlord

What type of tenancy dispute was case 4961276?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4961276?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10718854-Tenancy_Tribunal_Order.pdf.

95 Hendon Avenue, Mount Albert, Auckland 1025 Tenancy Tribunal Case 4961276 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4961276. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to the end of 7 August 2024	$525.42		Rent arrears to the end of 7 August 2024

The tenancy of Nathan Earl Day at 95 Hendon Avenue, Mount Albert, Auckland 1025 is terminated, and possession is granted to Kāinga ora – Homes and Communities, immediately.

Nathan Earl Day must pay Kāinga ora – Homes and Communities $525.42 immediately, calculated as shown in the table below:

Reasons

The hearing was conducted on Microsoft Teams.

Karen Thompson-Wise attended the hearing for the landlord by telephone.

The Tribunal telephoned the tenant, but he did not answer. The hearing proceeded in his absence.

The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund 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 under s 61 of Residential Tenancies Act 1986 (RTA). A tenancy is abandoned where the tenant leaves the premises, not intending to return or to meet their obligations, and fails to notify the landlord without reasonable excuse.

In early June 2024, the landlord’s maintenance team tried but could not contact the tenant for urgent maintenance work.

On 20 June 2024, the tenant’s lawyer contacted the landlord, but she could not confirm when the tenant might be able to return to the premises.

When the repair work was done at the premises on 21 June 2024, the landlord’s staff found the property had been abandoned and was in a poor state.

On 25 June 2024, the landlord sent the tenant a letter for non-occupancy issued with expiry date of 10 July 2024.

On 2 July 2024, the tenant’s rent payments stopped, and no rent has been paid since.

The landlord has attempted to contact the tenant in various ways including through his lawyer but with no response.

The landlord’s property manager checked the premises yesterday and it remains abandoned.

I am satisfied the tenant has abandoned the tenancy and the appropriate date to set for calculating rent based on when the landlord ought to have known the tenant had abandoned the premises is 10 July 2024 because that was the date it gave the tenant to reoccupy and he did not do so.

How much does the tenant owe?

Under s 61(3)(a) of RTA, the tenant is liable to pay rent for the period of 28 days after 10 July 2024. Therefore, the tenant must pay rent to 7 August 2024.

The landlord provided rent records which prove the amount owing to that date.

An order is made accordingly.

Order

Claims and awards in Tenancy Tribunal application 4961276. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to the end of 7 August 2024	$525.42		Rent arrears to the end of 7 August 2024

The tenancy of Nathan Earl Day at 95 Hendon Avenue, Mount Albert, Auckland 1025 is terminated, and possession is granted to Kāinga ora – Homes and Communities, immediately.

Nathan Earl Day must pay Kāinga ora – Homes and Communities $525.42 immediately, calculated as shown in the table below:

Reasons

The hearing was conducted on Microsoft Teams.

Karen Thompson-Wise attended the hearing for the landlord by telephone.

The Tribunal telephoned the tenant, but he did not answer. The hearing proceeded in his absence.

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

Should the tenancy be terminated?

In early June 2024, the landlord’s maintenance team tried but could not contact the tenant for urgent maintenance work.

On 20 June 2024, the tenant’s lawyer contacted the landlord, but she could not confirm when the tenant might be able to return to the premises.

When the repair work was done at the premises on 21 June 2024, the landlord’s staff found the property had been abandoned and was in a poor state.

On 25 June 2024, the landlord sent the tenant a letter for non-occupancy issued with expiry date of 10 July 2024.

On 2 July 2024, the tenant’s rent payments stopped, and no rent has been paid since.

The landlord has attempted to contact the tenant in various ways including through his lawyer but with no response.

The landlord’s property manager checked the premises yesterday and it remains abandoned.

How much does the tenant owe?

Under s 61(3)(a) of RTA, the tenant is liable to pay rent for the period of 28 days after 10 July 2024. Therefore, the tenant must pay rent to 7 August 2024.

The landlord provided rent records which prove the amount owing to that date.

An order is made accordingly.

Tenancy Tribunal case 4961276 — Rent arrears at 95 Hendon Avenue, Mount Albert, Auckland 1025

At a glance

Tenancy Tribunal case 4961276 — Rent arrears at 95 Hendon Avenue, Mount Albert, Auckland 1025

At a glance

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

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