What was the outcome of Tenancy Tribunal case 5081826?

The tribunal order states: The tenancy of Situfutafoe Uelese at 49 Aarts Avenue, Manurewa, Auckland

How much money was awarded in case 5081826?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,565.00 awarded to landlord

What type of tenancy dispute was case 5081826?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5081826?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11208703-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5081826?

The tribunal order states: The tenancy of Situfutafoe Uelese at 49 Aarts Avenue, Manurewa, Auckland

How much money was awarded in case 5081826?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,565.00 awarded to landlord

What type of tenancy dispute was case 5081826?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5081826?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11208703-Tribunal_Order.pdf.

49 Aarts Avenue, Manurewa, Auckland 2102 Tenancy Tribunal Case 5081826 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5081826 — net $2,412.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 December 2024	$5,565.00	Rent arrears to 25 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,412.00
Total payable by Tenant to Landlord	$2,412.00

The tenancy of Situfutafoe Uelese at 49 Aarts Avenue, Manurewa, Auckland 2102 is terminated, and possession is granted to Rizwaan Hussein and Zahraa Sahil, at 11.59 pm on Friday 13 December 2024.

Situfutafoe Uelese must pay Rizwaan Hussein and Zahraa Sahil $2,412.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,180.00 (5267690-009) to Rizwaan Hussein and Zahraa Sahil immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to her at the scheduled time on the number provided to the Tribunal.

Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond, and reimbursement of the filing fee.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing as of today’s date.

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. See section 61 Residential Tenancies Act, 1986 (the “RTA”).

A two-year fixed-term tenancy was signed by both parties on 25 October 2024. The tenancy was to begin on 26 October 2024. The tenant paid one week’s rent and then made no further payments.

On 23 November 2024 the landlord became aware that the premises had probably been abandoned. Photographs were submitted with the application that show the premises has not been maintained during the tenancy and it appears that no one is living in the premises. The landlord has made consistent overtures to get in contact with the tenant, and with one exception the tenant has not responded at all.

I determine that in this case the tenancy has been abandoned.

When a tenant abandons a fixed-term tenancy, they continue to be liable for the rent for the duration of the fixed-term or until the landlord finds another tenant whichever is the earlier. See section 61(3)(b) RTA.

In this case the landlord is seeking rent for a further two weeks in lieu of a notice period, to allow her time to find another tenant.

Because Rizwaan Hussein, Zahraa Sahil has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5081826 — net $2,412.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 December 2024	$5,565.00	Rent arrears to 25 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,412.00
Total payable by Tenant to Landlord	$2,412.00

The tenancy of Situfutafoe Uelese at 49 Aarts Avenue, Manurewa, Auckland 2102 is terminated, and possession is granted to Rizwaan Hussein and Zahraa Sahil, at 11.59 pm on Friday 13 December 2024.

Situfutafoe Uelese must pay Rizwaan Hussein and Zahraa Sahil $2,412.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,180.00 (5267690-009) to Rizwaan Hussein and Zahraa Sahil immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to her at the scheduled time on the number provided to the Tribunal.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond, and reimbursement of the filing fee.

Should the tenancy be terminated?

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing as of today’s date.

A two-year fixed-term tenancy was signed by both parties on 25 October 2024. The tenancy was to begin on 26 October 2024. The tenant paid one week’s rent and then made no further payments.

I determine that in this case the tenancy has been abandoned.

In this case the landlord is seeking rent for a further two weeks in lieu of a notice period, to allow her time to find another tenant.

Because Rizwaan Hussein, Zahraa Sahil has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5081826 — Rent arrears at 49 Aarts Avenue, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5081826 — Rent arrears at 49 Aarts Avenue, Manurewa, Auckland 2102

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