How much money was awarded in case 5022568?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,252.86 awarded to landlord

What type of tenancy dispute was case 5022568?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5022568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10918528-Tenancy_Tribunal_Order - OP.pdf.

How much money was awarded in case 5022568?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,252.86 awarded to landlord

What type of tenancy dispute was case 5022568?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5022568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10918528-Tenancy_Tribunal_Order - OP.pdf.

8A Sabot Place, Massey, Auckland 0614 Tenancy Tribunal Case 5022568 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5022568?

The tribunal order states: The order dated 6 November 2024 is recalled and amended by the terms of this

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Order

Claims and awards in Tenancy Tribunal application 5022568 — net $1,479.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 October 2024	$3,252.86	Rent arrears to 9 October 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,479.86
Total payable by Tenant to Landlord	$1,479.86

The order dated 6 November 2024 is recalled and amended by the terms of this order.

The tenancy of Tamara Greaves at 8A Sabot Place, Massey, Auckland 0614 is terminated, and possession is granted to [The landlord/s] immediately.

Tamara Greaves must pay [The landlord/s] $1,479.86 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing on 5 November 2024. The tenant did not.

On 6 November 2024, I issued an order granting the landlord’s application for termination, rent arrears, refund of the bond and reimbursement of the filing fee. In this order, I made an administrative error and incorrectly recorded rent arrears up to 9 September 2024 instead of 9 October 2024. The purpose of this order is to correctly record the total rent arrears the tenant is liable to pay.

I have contacted the Bond Centre and been advised that the bond has not yet been dispersed in accordance with the terms of my order dated 6 November 2024. The Bond Centre has been advised to refund the entire bond to the landlord in accordance with the terms of this order. If there is any issue with the entire bond not being refunded to the landlord, the landlord may apply to the Tribunal for the terms of this order to be amended accordingly.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond and reimbursement of 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. 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 late August/early September, the landlord stopped receiving payment of rent from the tenant. Around this timeframe, the landlord tried to contact the tenant by email, phone calls and text messages but received no reply. On 10 September 2024, the landlord completed an inspection of the property and discovered no one at home and most of the tenant’s belongings missing. The landlord spoke with a neighbour who advised that they had not seen the tenant in over a month.

On 10 September 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.

At the date of the hearing on 5 November 2024, rent was in arrears of $5,104.29.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

This was a periodic tenancy. Under section 61(3)(a) RTA, the tenant is liable to pay rent up to the expiry of the period of 28 days after the date on which the landlord became aware (or ought to have become aware) that the tenant had abandoned the premises, namely 10 September 2024. 9 October 2024 is 28- days after this date.

The landlord provided rent records which prove the amount owing at 9 October 2024, namely $3,252.86. The amount ordered includes rent in lieu of notice. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5022568 — net $1,479.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 October 2024	$3,252.86	Rent arrears to 9 October 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,479.86
Total payable by Tenant to Landlord	$1,479.86

The order dated 6 November 2024 is recalled and amended by the terms of this order.

The tenancy of Tamara Greaves at 8A Sabot Place, Massey, Auckland 0614 is terminated, and possession is granted to [The landlord/s] immediately.

Tamara Greaves must pay [The landlord/s] $1,479.86 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing on 5 November 2024. The tenant did not.

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

Should the tenancy be terminated?

On 10 September 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.

At the date of the hearing on 5 November 2024, rent was in arrears of $5,104.29.

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 9 October 2024, namely $3,252.86. The amount ordered includes rent in lieu of notice. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5022568 — Rent arrears at 8A Sabot Place, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5022568 — Rent arrears at 8A Sabot Place, Massey, Auckland 0614

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