How much money was awarded in case 5064291?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,101.43 awarded to landlord

What type of tenancy dispute was case 5064291?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5064291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11097776-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5064291?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,101.43 awarded to landlord

What type of tenancy dispute was case 5064291?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5064291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11097776-Tenancy_Tribunal_Order.pdf.

Kimbolton, Kimbolton Tenancy Tribunal Case 5064291 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5064291?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5064291 — net $1,828.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/12/2024	$4,101.43	Rent arrears to 19/12/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,828.43
Total payable by Tenant to Landlord	$1,828.43

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

The tenancy of Erica Anthony and Christopher O'Reilly at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

Erica Anthony and Christopher O'Reilly must pay [The landlord/s] $1,828.43 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was held by teleconference. The tenants were contacted on the contact number provided in the application but without success. I proceeded with the hearing in the tenants’ absence as I was satisfied that adequate service of the hearing notice had been completed.

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 deemed abandoned when the tenant leaves the premises without a reasonable excuse, does not intend to return, and fails to notify the landlord.

The landlord claims that the tenants abandoned the property without notice on 4 November 2024. According to the landlord, they have gathered information from a variety of sources, including the New Zealand Police, Corrections, Genesis Energy, and the tenants' friends, family, and neighbours. The landlord says this information suggests that the tenants have been involved in deceptive, antisocial, and criminal behaviour. Additionally, the landlord claims there is significant damage to the house and property, along with other breaches of the tenancy agreement.

On 4 November 2024, the landlord received information indicating that both tenants had been arrested and were in prison. This information was verified by the mother of one of the tenants. While further verification from the Department of Corrections or NZ Police has not been obtained, there is no evidence to suggest that the tenants intend to return to the property. The mother of one of the tenants collected the keys from the police station and returned them to the landlord, further indicating that the tenants have relinquished their connection to the property.

The landlord has also presented evidence that the tenants’ possessions were removed by family and friends, and the property is currently empty. Photos taken on 14 December 2024 show the exterior of the property in an untidy condition, with unkempt lawns and no signs of occupancy. The landlord has made multiple unsuccessful attempts to contact the tenants, and there has been no communication from the tenants or their representatives to clarify their intentions or fulfil their obligations under the tenancy agreement.

Rent is over 15 weeks in arrears, with the last payment made during the week of 28 October 2024. The Ministry of Social Development has confirmed that rental payments and benefits ceased when the tenants were incarcerated. This significant period of non-payment further supports the landlord’s claim that the tenants have abandoned the property and do not intend to return.

Based on the information presented, I am satisfied that the tenants have abandoned the premises as defined under section 61 of the RTA. Their failure to notify the landlord, coupled with the removal of their possessions, the cessation of rental payments, and the lack of communication, demonstrates a clear intention not to return or fulfil their obligations.

As the premises have been abandoned and rent is in arrears, the tenancy is terminated immediately. This decision aligns with the requirements of section 61 of the RTA and ensures that the landlord can take necessary steps to regain possession and address the condition of the property.

How much do the tenants owe?

The landlord provided rent records which prove the amount owing. Filing fee and suppression order

As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 5064291 — net $1,828.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/12/2024	$4,101.43	Rent arrears to 19/12/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,828.43
Total payable by Tenant to Landlord	$1,828.43

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Erica Anthony and Christopher O'Reilly at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
Erica Anthony and Christopher O'Reilly must pay [The landlord/s] $1,828.43 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was held by teleconference. The tenants were contacted on the contact number provided in the application but without success. I proceeded with the hearing in the tenants’ absence as I was satisfied that adequate service of the hearing notice had been completed.
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 deemed abandoned when the tenant leaves the premises without a reasonable excuse, does not intend to return, and fails to notify the landlord.
The landlord claims that the tenants abandoned the property without notice on 4 November 2024. According to the landlord, they have gathered information from a variety of sources, including the New Zealand Police, Corrections, Genesis Energy, and the tenants' friends, family, and neighbours. The landlord says this information suggests that the tenants have been involved in deceptive, antisocial, and criminal behaviour. Additionally, the landlord claims there is significant damage to the house and property, along with other breaches of the tenancy agreement.
On 4 November 2024, the landlord received information indicating that both tenants had been arrested and were in prison. This information was verified by the mother of one of the tenants. While further verification from the Department of Corrections or NZ Police has not been obtained, there is no evidence to suggest that the tenants intend to return to the property. The mother of one of the tenants collected the keys from the police station and returned them to the landlord, further indicating that the tenants have relinquished their connection to the property.
The landlord has also presented evidence that the tenants’ possessions were removed by family and friends, and the property is currently empty. Photos taken on 14 December 2024 show the exterior of the property in an untidy condition, with unkempt lawns and no signs of occupancy. The landlord has made multiple unsuccessful attempts to contact the tenants, and there has been no communication from the tenants or their representatives to clarify their intentions or fulfil their obligations under the tenancy agreement.
Rent is over 15 weeks in arrears, with the last payment made during the week of 28 October 2024. The Ministry of Social Development has confirmed that rental payments and benefits ceased when the tenants were incarcerated. This significant period of non-payment further supports the landlord’s claim that the tenants have abandoned the property and do not intend to return.
Based on the information presented, I am satisfied that the tenants have abandoned the premises as defined under section 61 of the RTA. Their failure to notify the landlord, coupled with the removal of their possessions, the cessation of rental payments, and the lack of communication, demonstrates a clear intention not to return or fulfil their obligations.
As the premises have been abandoned and rent is in arrears, the tenancy is terminated immediately. This decision aligns with the requirements of section 61 of the RTA and ensures that the landlord can take necessary steps to regain possession and address the condition of the property.

How much do the tenants owe?

The landlord provided rent records which prove the amount owing. Filing fee and suppression order
As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 5064291 — Rent arrears in Kimbolton, Kimbolton

At a glance

Tenancy Tribunal case 5064291 — Rent arrears in Kimbolton, Kimbolton

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much do the tenants 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 do the tenants owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions