What was the outcome of Tenancy Tribunal case 5130408?

The tribunal order states: The tenancy of Cloe Matthews-Patii at 23a Mellsop Avenue, Waiuku, Waiuku

How much money was awarded in case 5130408?

Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,800.00 awarded to landlord

What type of tenancy dispute was case 5130408?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5130408?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11424185-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5130408?

The tribunal order states: The tenancy of Cloe Matthews-Patii at 23a Mellsop Avenue, Waiuku, Waiuku

How much money was awarded in case 5130408?

Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,800.00 awarded to landlord

What type of tenancy dispute was case 5130408?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5130408?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11424185-Tenancy_Tribunal_Order.pdf.

23a Mellsop Avenue, Waiuku, Waiuku 2123 Tenancy Tribunal Case 5130408 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5130408 — net $1,127.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 27 January 2024	$3,800.00	Rent arrears (to 27 January 2024
Carpet Cleaning	$100.00	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,127.00
Total payable by Tenant to Landlord	$1,127.00

The tenancy of Cloe Matthews-Patii at 23a Mellsop Avenue, Waiuku, Waiuku 2123 has terminated.

The Bond Centre is to pay the bond of $2,800.00 (6520495-005) to Barfoot & Thompson Limited Acting Agent For Andrew Parsonson immediately.

Cloe Matthews-Patii must pay Barfoot & Thompson Limited Acting Agent For Andrew Parsonson $1,127.00 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (to 27 January 2024)$3,800.00 Carpet Cleaning$100.00 Filing fee reimbursement$27.00 Total award$3,927.00 Bond$2,800.00 Total payable by Tenant to Landlord$1,127.00

Reasons

Representatives of the landlord attended the hearing by telephone. The tenant did not attend. I made two calls to the tenant’s mobile during the hearing. Both calls went to voicemail.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, carpet cleaning and refund of the bond. The landlord wanted to amend the claim to include other compensation. The tenant was not given sufficient notice of the proposed amendments and was not at the hearing, so I declined to hear those claims.

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 13 January 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Rent was in arrears and the tenant was not responding to communication from the landlord. The landlord was receiving “read receipts” for emails sent to the tenant. The landlord gave notice of a routine inspection on 13 January. At that inspection the landlord discovered the premises empty, cleaned and with keys on the bench.

I find that the premises were abandoned, and that the landlord would have been entitled to an order for possession of the premises. The landlord accepted the tenant’s actions as notice to end the tenancy and took possession of the property and advertised it as available for rent.

How much does the tenant owe?

This was a fixed term tenancy to 27 January 2025.

Under section 61(3) RTA, a tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date: “(b)in the case of a fixed-term tenancy,— (i) the date of the expiry of the term; or (ii)the date of commencement of a new tenancy of the premises, — whichever is the earlier.”

If this had been a periodic tenancy, the landlord would have been entitled to rent for a period of 21 days after 13 January 2025. See s61(3)(a) RTA. However, as of 13 January 2025, the tenancy was for a fixed term. The landlord says that it had not offered the tenant a further fixed term, or discussed what would happen on the expiry of the fixed term.

Section 60A(2)(b) provides that a fixed term tenancy will continue as a periodic tenancy unless, before the end of the fixed term, the parties agree not to continue with the tenancy. I find that, by taking possession of the premises on 13 January 2024, the landlord accepted that the tenancy would not continue.

I find that the landlord is entitled to rent to the end of the fixed term, being 27 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

The landlord also claimed carpet cleaning costs of $373.75 but provided only one photograph of a mark on the carpet. A tenant must leave premises reasonably clean and tidy. See s40 RTA. The single photograph confirms that some stain removal was required, it does not establish that all of the carpet had to be cleaned. I award $100 for carpet cleaning.

As the landlord was substantially successful, I also award reimbursement of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 5130408 — net $1,127.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 27 January 2024	$3,800.00	Rent arrears (to 27 January 2024
Carpet Cleaning	$100.00	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,127.00
Total payable by Tenant to Landlord	$1,127.00

Order

The tenancy of Cloe Matthews-Patii at 23a Mellsop Avenue, Waiuku, Waiuku 2123 has terminated.
The Bond Centre is to pay the bond of $2,800.00 (6520495-005) to Barfoot & Thompson Limited Acting Agent For Andrew Parsonson immediately.
Cloe Matthews-Patii must pay Barfoot & Thompson Limited Acting Agent For Andrew Parsonson $1,127.00 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (to 27 January 2024)$3,800.00 Carpet Cleaning$100.00 Filing fee reimbursement$27.00 Total award$3,927.00 Bond$2,800.00 Total payable by Tenant to Landlord$1,127.00

Reasons

Representatives of the landlord attended the hearing by telephone. The tenant did not attend. I made two calls to the tenant’s mobile during the hearing. Both calls went to voicemail.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, carpet cleaning and refund of the bond. The landlord wanted to amend the claim to include other compensation. The tenant was not given sufficient notice of the proposed amendments and was not at the hearing, so I declined to hear those claims.

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 13 January 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Rent was in arrears and the tenant was not responding to communication from the landlord. The landlord was receiving “read receipts” for emails sent to the tenant. The landlord gave notice of a routine inspection on 13 January. At that inspection the landlord discovered the premises empty, cleaned and with keys on the bench.
I find that the premises were abandoned, and that the landlord would have been entitled to an order for possession of the premises. The landlord accepted the tenant’s actions as notice to end the tenancy and took possession of the property and advertised it as available for rent.

How much does the tenant owe?

This was a fixed term tenancy to 27 January 2025.
Under section 61(3) RTA, a tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date: “(b)in the case of a fixed-term tenancy,— (i) the date of the expiry of the term; or (ii)the date of commencement of a new tenancy of the premises, — whichever is the earlier.”
If this had been a periodic tenancy, the landlord would have been entitled to rent for a period of 21 days after 13 January 2025. See s61(3)(a) RTA. However, as of 13 January 2025, the tenancy was for a fixed term. The landlord says that it had not offered the tenant a further fixed term, or discussed what would happen on the expiry of the fixed term.
Section 60A(2)(b) provides that a fixed term tenancy will continue as a periodic tenancy unless, before the end of the fixed term, the parties agree not to continue with the tenancy. I find that, by taking possession of the premises on 13 January 2024, the landlord accepted that the tenancy would not continue.
I find that the landlord is entitled to rent to the end of the fixed term, being 27 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord also claimed carpet cleaning costs of $373.75 but provided only one photograph of a mark on the carpet. A tenant must leave premises reasonably clean and tidy. See s40 RTA. The single photograph confirms that some stain removal was required, it does not establish that all of the carpet had to be cleaned. I award $100 for carpet cleaning.
As the landlord was substantially successful, I also award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5130408 — Rent arrears at 23a Mellsop Avenue, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 5130408 — Rent arrears at 23a Mellsop Avenue, Waiuku, Waiuku 2123

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

Property management

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

Property management

Frequently asked questions