What was the outcome of Tenancy Tribunal case 5021308?

The tribunal order states: The tenancy of NENA SANTANA TIPENE at 6 Princes Street, Waihi, Waihi

How much money was awarded in case 5021308?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5021308?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5021308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11087429-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5021308?

The tribunal order states: The tenancy of NENA SANTANA TIPENE at 6 Princes Street, Waihi, Waihi

How much money was awarded in case 5021308?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5021308?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5021308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11087429-Tenancy_Tribunal_Order.pdf.

6 Princes Street, Waihi, Waihi 3610 Tenancy Tribunal Case 5021308 — Rent arrears

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Order

The tenancy of NENA SANTANA TIPENE at 6 Princes Street, Waihi, Waihi 3610 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, as at 23 April 2024.

NENA SANTANA TIPENE must pay Kāinga Ora–Homes And Communities $1,931.00 immediately which is rent arrears and rent in lieu of notice to 20 May 2024.

Reasons

The landlord attended the hearing.

The landlord has applied for termination of the tenancy for abandonment, rent arrears and rent in lieu of notice.

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.

In March 2024 the landlord contacted the tenant because of rent arrears. A housing manager visited the house and concluded that the tenant had moved out. A 14 day notice requiring the tenant to return to live at the house was served on 5 April 2024. The tenant was not at the house when the housing manager delivered the notice, and other people were living there. The tenant had not returned to live in the house by 23 April 2024. I find this was the date 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. The landlord is entitled to 28 days rent in lieu of notice.

It is unusual for the application for termination because of an abandonment to be made months after the abandonment date. I have made the termination date 23 April 2024, which protects the tenant from any claims for damage after that date.

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. I note the rent was still in arrears at the date of the hearing, meeting the requirements of section 61 RTA.

Order

The tenancy of NENA SANTANA TIPENE at 6 Princes Street, Waihi, Waihi 3610 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, as at 23 April 2024.

NENA SANTANA TIPENE must pay Kāinga Ora–Homes And Communities $1,931.00 immediately which is rent arrears and rent in lieu of notice to 20 May 2024.

Reasons

The landlord attended the hearing.

The landlord has applied for termination of the tenancy for abandonment, rent arrears and rent in lieu of notice.

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.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated. The landlord is entitled to 28 days rent in lieu of notice.

How much does the tenant owe?

Tenancy Tribunal case 5021308 — Rent arrears at 6 Princes Street, Waihi, Waihi 3610

At a glance

Tenancy Tribunal case 5021308 — Rent arrears at 6 Princes Street, Waihi, Waihi 3610

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