What was the outcome of Tenancy Tribunal case 5008369?

The tribunal order states: The tenancy of Luke Phillip Waterman at 8 Rakino Avenue, Manly,

How much money was awarded in case 5008369?

Rent Arrears: $10,350.00 awarded to landlord

What type of tenancy dispute was case 5008369?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5008369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11112328-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5008369?

The tribunal order states: The tenancy of Luke Phillip Waterman at 8 Rakino Avenue, Manly,

How much money was awarded in case 5008369?

Rent Arrears: $10,350.00 awarded to landlord

What type of tenancy dispute was case 5008369?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5008369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11112328-Tenancy_Tribunal_Order.pdf.

8 Rakino Avenue, Manly, Whangaparaoa 0930 Tenancy Tribunal Case 5008369 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5008369 — net $8,070.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent in lieu of notice	$10,350.00	Rent arrears and rent in lieu of notice
Net award	$8,070.00
Total payable by Tenant to Landlord	$8,070.00

The tenancy of Luke Phillip Waterman at 8 Rakino Avenue, Manly, Whangaparaoa 0930 is terminated, and possession is granted to Susan Lee Corney and Robert Brian Corney, at 11:59pm, Thursday 21 November 2024.

The Bond Centre is to pay the bond of $2,280.00 (3479437-003) to Susan Lee Corney and Robert Brian Corney immediately.

Luke Phillip Waterman must pay Susan Lee Corney and Robert Brian Corney $8,070.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend.

On 18 September 2024, the landlord filed an application seeking termination of the tenancy, rent arrears, compensation for damage and refund of the bond.

However, on 5 November 2024, the landlord says she discovered the tenant had left the property and removed all of their belongings.

At the hearing, the landlord sought to amend the application to one for abandonment and sought 28 days rent after the date of abandonment.

Should the tenancy be terminated?

Given the change in circumstances between the time when the landlord applied, and the date of the hearing, I grant the landlord leave to amend the claim to one of abandonment.

Pursuant to s61 of the Residential Tenancies Act 1986, the Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. 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 5 November 2024, the landlord went to the property intending to speak to the tenant about the rent arrears. She says when she attended there were no vehicles parked out the front. The landlord walked around the house and could see inside. She said the bedrooms were empty and the doors had been left unlocked. On the same date, the landlord says she messaged the tenant and asked him to meet her at the property. She also tried to call the tenant. The tenant did not answer her calls or respond to her messages. The landlord has not had contact with the tenant since.

I am satisfied that, on 5 November 2024, the landlord became aware 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 at the end of the tenancy. The amount ordered includes rent in lieu of notice, being 28 days from the 5 November 2024. Claim for compensation for damage

Since discovering the property had been abandoned, the landlord wishes to add further claims for compensation for additional damage.

As at the date of hearing, the landlord had not filed evidence of the damage said to have been caused by the tenant during the tenancy, nor had the landlord provided details of any insurance claims made. Given that evidence had not been filed, I am not satisfied the tenant is on-notice as to all claims for compensation sought by the landlord.

The landlord is given leave to withdraw their claim for compensation for damage, in anticipation that a fresh application will be filed with all relevant evidence. Should the tenant reimburse the landlord’s filing fee?

Given the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5008369 — net $8,070.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent in lieu of notice	$10,350.00	Rent arrears and rent in lieu of notice
Net award	$8,070.00
Total payable by Tenant to Landlord	$8,070.00

The Bond Centre is to pay the bond of $2,280.00 (3479437-003) to Susan Lee Corney and Robert Brian Corney immediately.

Luke Phillip Waterman must pay Susan Lee Corney and Robert Brian Corney $8,070.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not attend.

On 18 September 2024, the landlord filed an application seeking termination of the tenancy, rent arrears, compensation for damage and refund of the bond.

However, on 5 November 2024, the landlord says she discovered the tenant had left the property and removed all of their belongings.

At the hearing, the landlord sought to amend the application to one for abandonment and sought 28 days rent after the date of abandonment.

Should the tenancy be terminated?

Given the change in circumstances between the time when the landlord applied, and the date of the hearing, I grant the landlord leave to amend the claim to one of abandonment.

I am satisfied that, on 5 November 2024, the landlord became aware 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?

Since discovering the property had been abandoned, the landlord wishes to add further claims for compensation for additional damage.

Given the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 5008369 — Rent arrears at 8 Rakino Avenue, Manly, Whangaparaoa 0930

At a glance

Tenancy Tribunal case 5008369 — Rent arrears at 8 Rakino Avenue, Manly, Whangaparaoa 0930

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

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

Frequently asked questions