What was the outcome of Tenancy Tribunal case 5041468?

The tribunal order states: This tenancy has been abandoned.

How much money was awarded in case 5041468?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,334.29 awarded to landlord

What type of tenancy dispute was case 5041468?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5041468?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11067820-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5041468?

The tribunal order states: This tenancy has been abandoned.

How much money was awarded in case 5041468?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,334.29 awarded to landlord

What type of tenancy dispute was case 5041468?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5041468?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11067820-Tenancy_Tribunal_Order.pdf.

Studio 9, 42A Carruth Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5041468 — Rent arrears

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Studio 9, 42A Carruth Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5041468 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5041468 — net $841.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 October 2024	$2,334.29	Rent arrears to 21 October 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$841.29
Total payable by Tenant to Landlord	$841.29

Claims and awards for application 5041468 — net $841.29 NZD. Verify on MoJ.

Rent arrears to 21 October 2024

Amount: $2,334.29
Awarded to: Landlord
Reason: Rent arrears to 21 October 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $841.29

Total payable by Tenant to Landlord

Landlord $841.29

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

This tenancy has been abandoned.
Akiko Hori must pay Clarke Group Property Management Limited $841.29 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,520.00 (6464644-006) to Clarke Group Property Management Limited immediately.

Reasons

The hearing was conducted by telephone. Ms Harman attended for the landlord. The tenant did not attend. The call to her mobile telephone number at the time of the hearing went straight to voicemail.
The landlord applied for expedited abandonment which was declined because there was an issue whether the premises were part of a boarding house which could not be resolved on the papers.
Since then, on 21 October 2024, the landlord has taken possession of the premises, and they seek an order that the premises were abandoned and that they are now lawfully in possession of the premises and for rent arrears.
After hearing from Ms Harman, I have concluded that the premises are part of a boarding house.
The 9 units occupied by tenants are quite separate from each other and from the common areas of kitchen, dining, living and laundry. They each have their own bathroom facilities. In that sense the arrangement is different from a typical boarding house which is usually a single building comprising bedrooms and common areas.
But the studios do not have kitchen facilities. They are provided with a microwave, but the tenancy agreement expressly prohibits cooking in the units. That means that for practical purposes, the tenants must use the common facilities. The units are far from self-contained.
Ms Harman suggested that this Tribunal has considered this issue previously in relation to these premises, but I could find no record of that.
It follows from my finding that the landlord could have terminated the tenancy by following the procedure for terminating boarding house tenancies for abandonment under s66X of the Residential Tenancies Act 1986 (the Act). Instead, they began by following the procedure for a standard tenancy.
But on 21 October, instead of continuing with that process, they took possession of the premises and now want the Tribunal to approve that. It cannot do so.
I do not think that the landlords were obliged to follow the termination procedure for a boarding house tenancy. They were entitled to allow the tenancy to run on. I have considered whether in doing so they failed to mitigate their loss, but I do not think that applies in these circumstances. It is the tenant’s responsibility to give notice to end the tenancy, and until they do, they remain liable to pay the rent.
But s50 of the Act prescribes the circumstances in which tenancies may be terminated and they do not include taking possession without the tenant’s consent. Just because the landlord has good reason for believing that the tenant has abandoned the premises, does not mean that they can assume that the tenant has surrendered the tenancy.
It follows that I cannot make an order that the tenancy was validly terminated on 21 October. I am satisfied that the tenant has abandoned the premises and I have made an order to that effect.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The landlord is therefore entitled to the bond and to payment of the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5041468 — net $841.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 October 2024	$2,334.29	Rent arrears to 21 October 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$841.29
Total payable by Tenant to Landlord	$841.29

Claims and awards for application 5041468 — net $841.29 NZD. Verify on MoJ.

Rent arrears to 21 October 2024

Amount: $2,334.29
Awarded to: Landlord
Reason: Rent arrears to 21 October 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $841.29

Total payable by Tenant to Landlord

Landlord $841.29

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

This tenancy has been abandoned.
Akiko Hori must pay Clarke Group Property Management Limited $841.29 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,520.00 (6464644-006) to Clarke Group Property Management Limited immediately.

Reasons

The hearing was conducted by telephone. Ms Harman attended for the landlord. The tenant did not attend. The call to her mobile telephone number at the time of the hearing went straight to voicemail.
The landlord applied for expedited abandonment which was declined because there was an issue whether the premises were part of a boarding house which could not be resolved on the papers.
Since then, on 21 October 2024, the landlord has taken possession of the premises, and they seek an order that the premises were abandoned and that they are now lawfully in possession of the premises and for rent arrears.
After hearing from Ms Harman, I have concluded that the premises are part of a boarding house.
The 9 units occupied by tenants are quite separate from each other and from the common areas of kitchen, dining, living and laundry. They each have their own bathroom facilities. In that sense the arrangement is different from a typical boarding house which is usually a single building comprising bedrooms and common areas.
But the studios do not have kitchen facilities. They are provided with a microwave, but the tenancy agreement expressly prohibits cooking in the units. That means that for practical purposes, the tenants must use the common facilities. The units are far from self-contained.
Ms Harman suggested that this Tribunal has considered this issue previously in relation to these premises, but I could find no record of that.
It follows from my finding that the landlord could have terminated the tenancy by following the procedure for terminating boarding house tenancies for abandonment under s66X of the Residential Tenancies Act 1986 (the Act). Instead, they began by following the procedure for a standard tenancy.
But on 21 October, instead of continuing with that process, they took possession of the premises and now want the Tribunal to approve that. It cannot do so.
I do not think that the landlords were obliged to follow the termination procedure for a boarding house tenancy. They were entitled to allow the tenancy to run on. I have considered whether in doing so they failed to mitigate their loss, but I do not think that applies in these circumstances. It is the tenant’s responsibility to give notice to end the tenancy, and until they do, they remain liable to pay the rent.
But s50 of the Act prescribes the circumstances in which tenancies may be terminated and they do not include taking possession without the tenant’s consent. Just because the landlord has good reason for believing that the tenant has abandoned the premises, does not mean that they can assume that the tenant has surrendered the tenancy.
It follows that I cannot make an order that the tenancy was validly terminated on 21 October. I am satisfied that the tenant has abandoned the premises and I have made an order to that effect.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The landlord is therefore entitled to the bond and to payment of the filing fee.

Tenancy Tribunal case 5041468 — Rent arrears at Studio 9, 42A Carruth Road, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5041468 — Rent arrears at Studio 9, 42A Carruth Road, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions