How much money was awarded in case 5035388?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,590.00 awarded to landlord

What type of tenancy dispute was case 5035388?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5035388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10997233-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5035388?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,590.00 awarded to landlord

What type of tenancy dispute was case 5035388?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5035388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10997233-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 6, 109 Nixon Street, Hamilton East, Hamilton Tenancy Tribunal Case 5035388 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5035388?

The tribunal order states: The tenancy of Natanahira Tuara Tapara-Cotidis at Unit/Flat Flat 6, 109 Nixon

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Order

Claims and awards in Tenancy Tribunal application 5035388 — net $1,137.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 24.10.24	$2,590.00	The claim for rent arrears is proven.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,137.00
Total payable by Tenant to Landlord	$1,137.00

The tenancy of Natanahira Tuara Tapara-Cotidis at Unit/Flat Flat 6, 109 Nixon Street, Hamilton East, Hamilton 3216 is terminated, and possession is granted to Cook Property Management Limited (Trustees: Jaron Cook & Leah Cook), at 5pm Thursday 24 October 2024.

The Bond Centre is to pay the bond of $1,480.00 to Cook Property Management Limited (Trustees: Jaron Cook & Leah Cook) immediately.

Natanahira Tuara Tapara-Cotidis must pay Cook Property Management Limited (Trustees: Jaron Cook & Leah Cook) $1,137.00 immediately, calculated as shown in the table below.

Cook Property Management Limited (Trustees: Jaron Cook & Leah Cook) must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing by remote teleconference. Attempts to contact the tenant on the telephone number provided with the application were unsuccessful. The hearing continued in the tenant’s absence.

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

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.

On 8 October 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The neighbours confirmed to the landlord that they had not seen the tenant for some time. The landlord then issued a notice to inspect. On arrival at the property the landlord became aware that the property had been abandoned. Photographic evidence filed in support by the landlord confirmed that the tenant had abandoned the property. The inside of the premises had been left in a disgraceful state.

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 landlord also provided an updated rent ledger during the hearing. Having sighted the updated evidence I am satisfied that the tenant is responsible for this debt.

The claim for rent arrears is proven.

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord: a. is unable to contact the tenant.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

Because Cook Property Management Limited (Trustees: Jaron Cook & Leah Cook) has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5035388 — net $1,137.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 24.10.24	$2,590.00	The claim for rent arrears is proven.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,137.00
Total payable by Tenant to Landlord	$1,137.00

The Bond Centre is to pay the bond of $1,480.00 to Cook Property Management Limited (Trustees: Jaron Cook & Leah Cook) immediately.

Natanahira Tuara Tapara-Cotidis must pay Cook Property Management Limited (Trustees: Jaron Cook & Leah Cook) $1,137.00 immediately, calculated as shown in the table below.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

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

Should the tenancy be terminated?

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

How much does the tenant owe?

The claim for rent arrears is proven.

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord: a. is unable to contact the tenant.

Because Cook Property Management Limited (Trustees: Jaron Cook & Leah Cook) has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5035388 — Rent arrears at Unit/Flat Flat 6, 109 Nixon Street, Hamilton East, Hamilton

At a glance

Tenancy Tribunal case 5035388 — Rent arrears at Unit/Flat Flat 6, 109 Nixon Street, Hamilton East, Hamilton

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