What was the outcome of Tenancy Tribunal case 4991449?

The tribunal order states: The tenancy of Leah Michal Turner at 352B Maungatapu Road, Maungatapu,

How much money was awarded in case 4991449?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $7,025.00 awarded to landlord

What type of tenancy dispute was case 4991449?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4991449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11181352-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4991449?

The tribunal order states: The tenancy of Leah Michal Turner at 352B Maungatapu Road, Maungatapu,

How much money was awarded in case 4991449?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $7,025.00 awarded to landlord

What type of tenancy dispute was case 4991449?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4991449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11181352-Tenancy_Tribunal_Order.pdf.

352B Maungatapu Road, Maungatapu, Tauranga 3112 Tenancy Tribunal Case 4991449 — Rent arrears

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352B Maungatapu Road, Maungatapu, Tauranga 3112 Tenancy Tribunal Case 4991449 — 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 4991449 — net $6,102.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 November 2024	$7,025.00	Rent arrears to 15 November 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,102.00
Total payable by Tenant to Landlord	$6,102.00

Claims and awards for application 4991449 — net $6,102.00 NZD. Verify on MoJ.

Rent arrears to 15 November 2024

Amount: $7,025.00
Awarded to: Landlord
Reason: Rent arrears to 15 November 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $6,102.00

Total payable by Tenant to Landlord

Landlord $6,102.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Leah Michal Turner at 352B Maungatapu Road, Maungatapu, Tauranga 3112 is terminated, and possession is granted to Timothy Ernest Langford, Jane Patricia Langford, Alice Jennifer Woodward And Westwater Cove Trustee Ltd As Trustees For The Westwater Trust immediately.
Leah Michal Turner must pay Timothy Ernest Langford, Jane Patricia Langford, Alice Jennifer Woodward And Westwater Cove Trustee Ltd As Trustees For The Westwater Trust $6,102.00 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
The landlord withdrew their claim for outstanding water rates.

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 (RTA). 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.
The landlord gave evidence that they have had no contact with the tenant since early August 2024. A mediation was scheduled prior to this hearing, which the tenant did not attend. The landlord states that in early November 2024 (the landlord could not recall the exact date), they conducted a routine inspection and discovered the property was vacant with most of the tenant’s belongings removed. I find that on 1 November 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing up to 15 November 2024, namely $7,025.00.
This was a periodic tenancy, and the property has not been re-tenanted. The landlord could have sought rent arrears up to 29 November 2024, which is 28 days after 1 November 2024, the date at which the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. See section 61(3)(a)(i) Residential Tenancies Act 1986 (RTA). However, the landlord advised that they were only seeking rent arrears up to 15 November 2024.
The landlord’s claim for rent arrears is granted in full for $7,025.00. Filing fee
Because Timothy Ernest Langford, Jane Patricia Langford, Alice Jennifer Woodward And Westwater Cove Trustee Ltd As Trustees For The Westwater Trust has wholly succeeded with the claim I must reimburse the filing fee.

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 4991449 — net $6,102.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 November 2024	$7,025.00	Rent arrears to 15 November 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,102.00
Total payable by Tenant to Landlord	$6,102.00

Claims and awards for application 4991449 — net $6,102.00 NZD. Verify on MoJ.

Rent arrears to 15 November 2024

Amount: $7,025.00
Awarded to: Landlord
Reason: Rent arrears to 15 November 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $6,102.00

Total payable by Tenant to Landlord

Landlord $6,102.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Leah Michal Turner at 352B Maungatapu Road, Maungatapu, Tauranga 3112 is terminated, and possession is granted to Timothy Ernest Langford, Jane Patricia Langford, Alice Jennifer Woodward And Westwater Cove Trustee Ltd As Trustees For The Westwater Trust immediately.
Leah Michal Turner must pay Timothy Ernest Langford, Jane Patricia Langford, Alice Jennifer Woodward And Westwater Cove Trustee Ltd As Trustees For The Westwater Trust $6,102.00 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
The landlord withdrew their claim for outstanding water rates.

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 (RTA). 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.
The landlord gave evidence that they have had no contact with the tenant since early August 2024. A mediation was scheduled prior to this hearing, which the tenant did not attend. The landlord states that in early November 2024 (the landlord could not recall the exact date), they conducted a routine inspection and discovered the property was vacant with most of the tenant’s belongings removed. I find that on 1 November 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing up to 15 November 2024, namely $7,025.00.
This was a periodic tenancy, and the property has not been re-tenanted. The landlord could have sought rent arrears up to 29 November 2024, which is 28 days after 1 November 2024, the date at which the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. See section 61(3)(a)(i) Residential Tenancies Act 1986 (RTA). However, the landlord advised that they were only seeking rent arrears up to 15 November 2024.
The landlord’s claim for rent arrears is granted in full for $7,025.00. Filing fee
Because Timothy Ernest Langford, Jane Patricia Langford, Alice Jennifer Woodward And Westwater Cove Trustee Ltd As Trustees For The Westwater Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4991449 — Rent arrears at 352B Maungatapu Road, Maungatapu, Tauranga 3112

At a glance

Tenancy Tribunal case 4991449 — Rent arrears at 352B Maungatapu Road, Maungatapu, Tauranga 3112

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

Property management

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

Property management

Frequently asked questions