What was the outcome of Tenancy Tribunal case 5143028?

The tribunal order states: The tenancy of Tuaoloa Meanoa Fareni Ah Siu at 62 Wymondley Road, Otara,

How much money was awarded in case 5143028?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5143028?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5143028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11408685-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5143028?

The tribunal order states: The tenancy of Tuaoloa Meanoa Fareni Ah Siu at 62 Wymondley Road, Otara,

How much money was awarded in case 5143028?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5143028?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5143028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11408685-Tenancy_Tribunal_Order.pdf.

62 Wymondley Road, Otara, Auckland 2025 Tenancy Tribunal Case 5143028 — Rent arrears

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Order

The tenancy of Tuaoloa Meanoa Fareni Ah Siu at 62 Wymondley Road, Otara, Auckland 2025 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, as of 11.59 pm on Wednesday 5 February 2025.

Tuaoloa Meanoa Fareni Ah Siu must pay Kāinga Ora–Homes And Communities $4,086.58 immediately, being rent arrears to 5 February 2025.

Reasons

The landlord attended the hearing which was held by teleconference on 5 February 2025. The Tribunal was unable to contact the tenant on the contact number provided in the application. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed with the hearing in the tenant’s absence.

The landlord has applied for termination of the tenancy for abandonment and rent arrears.

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 14 January 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. This was the date the landlord confirmed abandonment following completion of an inspection of the property using a locksmith for access.

Since October 2024, the tenant has failed to respond to multiple attempts by the landlord, to establish communication regarding rental obligations and tenancy matters. Between December 2024 and January 2025, the landlord conducted multiple visits to the property, each confirming that it remained unoccupied. During these visits, the landlord observed a cluttered and neglected property, with scattered items that appeared to be mostly rubbish. The lawn was over grown and was unkept, and the mailbox was overflowing, all of which strongly suggested that the tenant had not been present for an extended period. Despite several notices being left at the property, the tenant did not respond. Inquiries with neighbouring residents also revealed that the tenant had not been seen for quite some time.

Further evidence was provided by Integrity Services, which confirmed that the tenant departed New Zealand on 11 November 2024 to Fiji and has not returned. The landlord’s records show that no rent has been paid since 14 November 2024, and rent arrears have accumulated to $4,086.58. Given the prolonged absence, lack of response, non-payment of rent, and confirmed departure from the country, I am satisfied that the tenant has abandoned the premises within the meaning of section 61(2). The tenancy is therefore terminated as of 5 February 2025, the date the hearing.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. Given that the tenant has not paid rent since 14 November 2024, the landlord is entitled to recover the outstanding amount of $4,086.58 (rent arrears to 5 February 2025). The tenant is therefore ordered to pay this sum to the landlord.

Order

Tuaoloa Meanoa Fareni Ah Siu must pay Kāinga Ora–Homes And Communities $4,086.58 immediately, being rent arrears to 5 February 2025.

Reasons

The landlord has applied for termination of the tenancy for abandonment and rent arrears.

Should the tenancy be terminated?

Tenancy Tribunal case 5143028 — Rent arrears at 62 Wymondley Road, Otara, Auckland 2025

At a glance

Tenancy Tribunal case 5143028 — Rent arrears at 62 Wymondley Road, Otara, Auckland 2025

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions