What was the outcome of Tenancy Tribunal case 5063888?

The tribunal order states: No suppression orders apply to the publication of this order.

How much money was awarded in case 5063888?

Filing Fee: $27.00 awarded to landlord; Rent Arerars To 21/11/24: $1,600.00 awarded to landlord

What type of tenancy dispute was case 5063888?

The dispute type was not classified.

Where can I read the official tribunal order for case 5063888?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11108588-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5063888?

The tribunal order states: No suppression orders apply to the publication of this order.

How much money was awarded in case 5063888?

Filing Fee: $27.00 awarded to landlord; Rent Arerars To 21/11/24: $1,600.00 awarded to landlord

What type of tenancy dispute was case 5063888?

The dispute type was not classified.

Where can I read the official tribunal order for case 5063888?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11108588-Tenancy_Tribunal_Order.pdf.

60B Centennial Avenue, Alexandra, Alexandra 9320 Tenancy Tribunal Case 5063888 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 5063888 — net $227.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arerars to 21/11/24	$1,600.00	Rent arerars to 21/11/24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$227.00
Total payable by Tenant to Landlord	$227.00

No suppression orders apply to the publication of this order.

The tenancy of Lisa Maree Shelford and Grace Chanel Kitto at 60B Centennial Avenue, Alexandra, Alexandra 9320 is terminated, and possession is granted to Central & Lakes Realty 2024 Limited As Agent For Lindy Legal immediately.

The Bond Centre is to pay the bond of $1,400.00 (5970888-006) to Central & Lakes Realty 2024 Limited As Agent For Lindy Legal immediately.

Lisa Maree Shelford and Grace Chanel Kitto must pay Central & Lakes Realty 2024 Limited As Agent For Lindy Legal $227.00 immediately, calculated as shown in the table below:

Reasons

Only the landlord attended the hearing. Neither tenant answered their telephone when called. I took the additional step of asking one of the property managers attending to call Ms Shelford to see if she answered her telephone for the property manager. The telephone went straight to voicemail.

I consider the tenants have been served and the hearing proceeded in their absence.

The landlord has applied for termination of the tenancy due to breach of the tenant’s obligations, abandonment, rent arrears and the refund of the bond. Abandonment

The landlord has applied to terminate the tenancy on the basis of abandonment.

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.

The term “abandoned” is not defined in the RTA. In the context of s 61 it seems to connote, first, the broad meaning of going away without intending to return and, secondly, an element of irresponsibility such as non-payment of rent or failure to give notice of termination. If a tenant abandons a tenancy, they are liable for rent arrears for up to 28-days from the date that the landlord discovered the abandonment.

I heard how Ms Kitto had lived at the property but had left a few days after the tenancy began due to issues between the tenants. She does not live at the property. The landlord says she did not return paperwork to remove her from the tenancy agreement despite the landlord asking her to do so. The landlord says that Ms Kitto therefore remains a tenant as she is still on the tenancy agreement. In the absence of contrary evidence, I find that Ms Kitto remains a tenant.

I heard from the landlord that on 7 November 2024 the police told the landlord Ms Shelford had left but that they had arrested a third party who was at the property. That third party did not return to the property.

The landlord was concerned for the tenant’s cats who were no longer being cared for by the person who was arrested and messaged the tenant. The tenant sent a message to the landlord saying she had gone into hospital for a serious condition and she did not know if she would return (due to her condition). She apologised for the rent arrears. In a later message that same day she said that she would arrange for someone would come and deal with her belongings.

I find from this the tenant is not intending to return or meet her obligations going forward. I find that the message was not clear enough to terminate the tenancy and return possession to the landlord. I therefore find that the property has been abandoned and that the landlord realised, or ought to have realised this, on 8 November 2024. The rent was already in arrears at this time.

The landlord seeks $1,600 in rent arrears which is the amount in rent owed to the date of the hearing. This is within 28-days of the date that the landlord became aware of the abandonment. The amount of arrears is proven by the landlord’s rent record.

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

As I have ordered the sum of arrears the landlord seeks and have ordered termination based on abandonment, I do not need to consider the landlord’s alternate applications for termination. Filing fee and suppression

Because Central & Lakes Realty 2024 Limited As Agent For Lindy Legal has substantially succeeded with the claim I have reimbursed the filing fee.

No application was made for suppression.

Claims and awards in Tenancy Tribunal application 5063888 — net $227.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arerars to 21/11/24	$1,600.00	Rent arerars to 21/11/24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$227.00
Total payable by Tenant to Landlord	$227.00

Order

No suppression orders apply to the publication of this order.
The tenancy of Lisa Maree Shelford and Grace Chanel Kitto at 60B Centennial Avenue, Alexandra, Alexandra 9320 is terminated, and possession is granted to Central & Lakes Realty 2024 Limited As Agent For Lindy Legal immediately.
The Bond Centre is to pay the bond of $1,400.00 (5970888-006) to Central & Lakes Realty 2024 Limited As Agent For Lindy Legal immediately.
Lisa Maree Shelford and Grace Chanel Kitto must pay Central & Lakes Realty 2024 Limited As Agent For Lindy Legal $227.00 immediately, calculated as shown in the table below:

Reasons

Only the landlord attended the hearing. Neither tenant answered their telephone when called. I took the additional step of asking one of the property managers attending to call Ms Shelford to see if she answered her telephone for the property manager. The telephone went straight to voicemail.
I consider the tenants have been served and the hearing proceeded in their absence.
The landlord has applied for termination of the tenancy due to breach of the tenant’s obligations, abandonment, rent arrears and the refund of the bond. Abandonment
The landlord has applied to terminate the tenancy on the basis of abandonment.
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.
The term “abandoned” is not defined in the RTA. In the context of s 61 it seems to connote, first, the broad meaning of going away without intending to return and, secondly, an element of irresponsibility such as non-payment of rent or failure to give notice of termination. If a tenant abandons a tenancy, they are liable for rent arrears for up to 28-days from the date that the landlord discovered the abandonment.
I heard how Ms Kitto had lived at the property but had left a few days after the tenancy began due to issues between the tenants. She does not live at the property. The landlord says she did not return paperwork to remove her from the tenancy agreement despite the landlord asking her to do so. The landlord says that Ms Kitto therefore remains a tenant as she is still on the tenancy agreement. In the absence of contrary evidence, I find that Ms Kitto remains a tenant.
I heard from the landlord that on 7 November 2024 the police told the landlord Ms Shelford had left but that they had arrested a third party who was at the property. That third party did not return to the property.
The landlord was concerned for the tenant’s cats who were no longer being cared for by the person who was arrested and messaged the tenant. The tenant sent a message to the landlord saying she had gone into hospital for a serious condition and she did not know if she would return (due to her condition). She apologised for the rent arrears. In a later message that same day she said that she would arrange for someone would come and deal with her belongings.
I find from this the tenant is not intending to return or meet her obligations going forward. I find that the message was not clear enough to terminate the tenancy and return possession to the landlord. I therefore find that the property has been abandoned and that the landlord realised, or ought to have realised this, on 8 November 2024. The rent was already in arrears at this time.
The landlord seeks $1,600 in rent arrears which is the amount in rent owed to the date of the hearing. This is within 28-days of the date that the landlord became aware of the abandonment. The amount of arrears is proven by the landlord’s rent record.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
As I have ordered the sum of arrears the landlord seeks and have ordered termination based on abandonment, I do not need to consider the landlord’s alternate applications for termination. Filing fee and suppression
Because Central & Lakes Realty 2024 Limited As Agent For Lindy Legal has substantially succeeded with the claim I have reimbursed the filing fee.
No application was made for suppression.

Tenancy Tribunal case 5063888 — Tenancy dispute at 60B Centennial Avenue, Alexandra, Alexandra 9320

At a glance

Tenancy Tribunal case 5063888 — Tenancy dispute at 60B Centennial Avenue, Alexandra, Alexandra 9320

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