What was the outcome of Tenancy Tribunal case 5121140?

The tribunal order states: The tenancy of Romano Jeremaia and Ratu Semi Talawadua at Unit/Flat 4, 58

How much money was awarded in case 5121140?

Property Damage: $1,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,397.14 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 5121140?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5121140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11424457-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5121140?

The tribunal order states: The tenancy of Romano Jeremaia and Ratu Semi Talawadua at Unit/Flat 4, 58

How much money was awarded in case 5121140?

Property Damage: $1,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,397.14 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 5121140?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5121140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11424457-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 58 Seafront Rd, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 5121140 — Rent arrears

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Unit/Flat 4, 58 Seafront Rd, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 5121140 — 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 5121140 — net $2,414.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,397.14	Rent arrears
Rubbish removal	$450.00	Rubbish removal
Exemplary damages - abandonment	$1,000.00	Exemplary damages - abandonment
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,414.14
Total payable by Tenant to Landlord	$2,414.14

Claims and awards for application 5121140 — net $2,414.14 NZD. Verify on MoJ.

Rent arrears

Amount: $2,397.14
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $450.00
Awarded to: Landlord
Reason: Rubbish removal

Exemplary damages - abandonment

Amount: $1,000.00
Awarded to: Landlord
Reason: Exemplary damages - abandonment

Filing fee reimbursement

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

Net award

Landlord $2,414.14

Total payable by Tenant to Landlord

Landlord $2,414.14

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Rent arrears Rubbish Removal

Order

The tenancy of Romano Jeremaia and Ratu Semi Talawadua at Unit/Flat 4, 58 Seafront Rd, Castlecliff, Whanganui 4501 is terminated, and possession is immediately granted to Property Rentals Wanganui Limited.
The Bond Centre is to pay the bond of $1,460.00 (6173117-001) to Property Rentals Wanganui Limited immediately.
Romano Jeremaia and Ratu Semi Talawadua must pay Property Rentals Wanganui Limited $2,414.14 immediately, calculated as shown in the table below:

Reasons

This hearing was scheduled to be heard by teleconference. The tenants did not link to the Teams link provided and nor did they answer their phones when called. The hearing proceeded in their absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation for rubbish removal, exemplary damages for abandonment, reimbursement of the filing fee and payment 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 24 December 2024 the landlord became aware that the tenants had abandoned the premises, when advised by a neighbouring tenant that they had left. The tenants had not given notice of termination to the landlord.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much do the tenants owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
Further to this I am ordering the tenants to pay the invoiced cost of removing the rubbish left at the premises. I accept that the landlord had to remove the rubbish immediately to prevent a rodent infestation.
Abandoning a tenancy is an unlawful act as per the provisions of s61(5) of the Residential Tenancies Act 1986 (RTA). This unlawful act attracts an award of up to $1,500.00 in exemplary damages.
Section 109 RTA provides that if the Tribunal is satisfied that a party has intentionally committed an unlawful act, then the Tribunal may make an award of exemplary damages after having regard to the intent of the person committing the unlawful act, the effect of the unlawful act, the interests of the person against whom the unlawful act was committed and the public interest.
I am ordering the tenants to pay the landlord $1,000.00 in exemplary damages.
In coming to this amount I have taken into account that the tenants intentionally abandoned the premises and that this meant that the landlord was not paid the rent that they could normally expect. Abandoning premises without notice also does not allow the landlord the opportunity to get a new tenant in a timely way.
I have also taken into account that there is a strong public interest in tenants abiding by their obligation to pay rent as agreed.
I note that the landlord advised that as at today’s date a further $1,199.22 would be owing in rent. I am not allowing the whole amount in exemplary damages because there is a normal time lag between one tenant leaving and another arriving.
I am also ordering the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against them. C ter Haar 12 February 2025

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 5121140 — net $2,414.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,397.14	Rent arrears
Rubbish removal	$450.00	Rubbish removal
Exemplary damages - abandonment	$1,000.00	Exemplary damages - abandonment
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,414.14
Total payable by Tenant to Landlord	$2,414.14

Claims and awards for application 5121140 — net $2,414.14 NZD. Verify on MoJ.

Rent arrears

Amount: $2,397.14
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal

Amount: $450.00
Awarded to: Landlord
Reason: Rubbish removal

Exemplary damages - abandonment

Amount: $1,000.00
Awarded to: Landlord
Reason: Exemplary damages - abandonment

Filing fee reimbursement

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

Net award

Landlord $2,414.14

Total payable by Tenant to Landlord

Landlord $2,414.14

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Rent arrears Rubbish Removal

Order

The tenancy of Romano Jeremaia and Ratu Semi Talawadua at Unit/Flat 4, 58 Seafront Rd, Castlecliff, Whanganui 4501 is terminated, and possession is immediately granted to Property Rentals Wanganui Limited.
The Bond Centre is to pay the bond of $1,460.00 (6173117-001) to Property Rentals Wanganui Limited immediately.
Romano Jeremaia and Ratu Semi Talawadua must pay Property Rentals Wanganui Limited $2,414.14 immediately, calculated as shown in the table below:

Reasons

This hearing was scheduled to be heard by teleconference. The tenants did not link to the Teams link provided and nor did they answer their phones when called. The hearing proceeded in their absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation for rubbish removal, exemplary damages for abandonment, reimbursement of the filing fee and payment 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 24 December 2024 the landlord became aware that the tenants had abandoned the premises, when advised by a neighbouring tenant that they had left. The tenants had not given notice of termination to the landlord.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much do the tenants owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
Further to this I am ordering the tenants to pay the invoiced cost of removing the rubbish left at the premises. I accept that the landlord had to remove the rubbish immediately to prevent a rodent infestation.
Abandoning a tenancy is an unlawful act as per the provisions of s61(5) of the Residential Tenancies Act 1986 (RTA). This unlawful act attracts an award of up to $1,500.00 in exemplary damages.
Section 109 RTA provides that if the Tribunal is satisfied that a party has intentionally committed an unlawful act, then the Tribunal may make an award of exemplary damages after having regard to the intent of the person committing the unlawful act, the effect of the unlawful act, the interests of the person against whom the unlawful act was committed and the public interest.
I am ordering the tenants to pay the landlord $1,000.00 in exemplary damages.
In coming to this amount I have taken into account that the tenants intentionally abandoned the premises and that this meant that the landlord was not paid the rent that they could normally expect. Abandoning premises without notice also does not allow the landlord the opportunity to get a new tenant in a timely way.
I have also taken into account that there is a strong public interest in tenants abiding by their obligation to pay rent as agreed.
I note that the landlord advised that as at today’s date a further $1,199.22 would be owing in rent. I am not allowing the whole amount in exemplary damages because there is a normal time lag between one tenant leaving and another arriving.
I am also ordering the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against them. C ter Haar 12 February 2025

Tenancy Tribunal case 5121140 — Rent arrears at Unit/Flat 4, 58 Seafront Rd, Castlecliff, Whanganui 4501

At a glance

Tenancy Tribunal case 5121140 — Rent arrears at Unit/Flat 4, 58 Seafront Rd, Castlecliff, Whanganui 4501

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

Property management

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

Property management

Frequently asked questions