Published tribunal order
Tenancy Tribunal case 4993268 — Rent arrears at 11 Denver Grove, Totara Park, Upper Hutt 5018
Decided 9 Sept 2024 · Published 9 Sept 2024 · Application 4993268
Landlord favoured
- Rent arrears
Order
- An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
- The tenancy of Josephine Payne at 11 Denver Grove, Totara Park, Upper Hutt 5018 is terminated, and possession is granted to [The landlord/s], immediately.
- Josephine Payne must pay [The landlord/s] $3,988.43 immediately as calculated below:
- The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- The landlord’s representative attended the hearing. The tenant did not attend. I conducted the hearing by video link. The tenant did not call into the link. My telephone call to her number went to voice mail.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond, and the filing fee.
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.
- On 3 September 2024 the landlord became aware that the tenant had abandoned the premises. The landlord carried out an inspection after issuing a 14-day notice for a breach by the tenant (sub-letting without the landlord’s consent) and found the premises empty and the keys left in the front door.
- 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 of rent owing as at 3 September 2024. The landlord is entitled to rent in lieu of notice for 28 days after that date. I have awarded rent in lieu of notice up to today’s date only as the landlord might find a replacement tenant before the end of the notice period.
- I have awarded the landlord the Tribunal filing fee on the successful application.