How much money was awarded in case 5229785?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,370.95 awarded to landlord

What type of tenancy dispute was case 5229785?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5229785?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11718137-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5229785?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,370.95 awarded to landlord

What type of tenancy dispute was case 5229785?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5229785?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11718137-Tenancy_Tribunal_Order.pdf.

100 Oreti Street, Kingswell, Invercargill 9812 Tenancy Tribunal Case 5229785 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5229785?

The tribunal order states: Pride Property Management Limited as Agent for Chami and Asitha Abeysinghe

Order

Claims and awards in Tenancy Tribunal application 5229785 — net $77.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 08 April 2025 and 21 days in lieu of notice	$2,370.95	Rent arrears to 08 April 2025 and 21 days in lieu of notice
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$77.95
Total payable by Tenant to Landlord	$77.95

Pride Property Management Limited as Agent for Chami and Asitha Abeysinghe is granted possession of the premises at 100 Oreti Street, Kingswell, Invercargill 9812 immediately.

The Bond Centre is to pay the bond of $2,320.00 (3686174-005) to Pride Property Management Limited as Agent for Chami and Asitha Abeysinghe immediately.

Chantelle Duncan must pay Pride Property Management Limited as Agent for Chami and Asitha Abeysinghe $77.95 immediately.

Reasons

This was a telephone hearing. Mr Sanjay appeared for the landlord. A female answered the call made to the number provided for the tenant but left the call shortly afterward. The hearing proceeded in the absence of the tenant.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond, and reimbursement of the filing fee.

The tenancy commenced on 15 April 2024 and was for a fixed term ending on 15 April 2025. Under the provisions of the Residential Tenancies Act 1986 (The “Act”), either party must give the other notice of an intention not to continue with the tenancy. If no notice is given, the tenancy continues as a periodic tenancy. Neither party gave notice.

On 03 April 2025, the landlord issued a 14-day notice for rent arrears.

Mr Sanjay states that on 08 April 2025, they were informed by a family member of the tenant that the tenant had vacated the property. Mr Sanjay went to the property and discovered it unlocked. An inspection revealed that the tenant had vacated, leaving some furniture and rubbish. Photographic evidence has been produced.

On 08 April 2025, the landlord filed their claim for abandonment and possession. On 09 April 2025, the application was scheduled for hearing today. Law

Under section 61(1) of the Act, the Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. A tenancy is considered abandoned where the tenant leaves the premises without reasonable excuse, does not intend returning or to fulfil their obligations, and fails to notify the landlord.

I am satisfied the landlord became aware, or ought to have been aware, that the tenant had abandoned the premises on 08 April 2025. An up to date rent summary shows that the tenant was in arrears at the relevant time.

As the premises have been abandoned and rent is in arrears, the tenancy is terminated immediately.

Under section 61(3)(a) of the Act, a tenant who abandons the property shall be liable for rent for a period not exceeding 21 days from the date of abandonment. This reflects the notice period a tenant would have been required to give to terminate a periodic tenancy.

The landlord has provided rent records which prove the amount owing.

In this case, I award the landlord the rent owing to 08 April 2025, plus an additional 21 days rent in lieu of notice.

Although the landlord included a breakdown of additional claims in their application, relating to failing to return the keys, cleaning, rubbish removal and damages, they have chosen not to proceed with these today, and intend filing a separate claim following possession. Costs

Because Pride Property Management Limited as Agent for Chami and Asitha Abeysinghe has wholly succeeded with the claim I must reimburse the filing fee. Name suppression.

Although they are entitled to do so, the landlord does not seek name suppression, and no orders are made.

Claims and awards in Tenancy Tribunal application 5229785 — net $77.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 08 April 2025 and 21 days in lieu of notice	$2,370.95	Rent arrears to 08 April 2025 and 21 days in lieu of notice
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$77.95
Total payable by Tenant to Landlord	$77.95

Order

Pride Property Management Limited as Agent for Chami and Asitha Abeysinghe is granted possession of the premises at 100 Oreti Street, Kingswell, Invercargill 9812 immediately.
The Bond Centre is to pay the bond of $2,320.00 (3686174-005) to Pride Property Management Limited as Agent for Chami and Asitha Abeysinghe immediately.
Chantelle Duncan must pay Pride Property Management Limited as Agent for Chami and Asitha Abeysinghe $77.95 immediately.

Reasons

This was a telephone hearing. Mr Sanjay appeared for the landlord. A female answered the call made to the number provided for the tenant but left the call shortly afterward. The hearing proceeded in the absence of the tenant.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond, and reimbursement of the filing fee.
The tenancy commenced on 15 April 2024 and was for a fixed term ending on 15 April 2025. Under the provisions of the Residential Tenancies Act 1986 (The “Act”), either party must give the other notice of an intention not to continue with the tenancy. If no notice is given, the tenancy continues as a periodic tenancy. Neither party gave notice.
On 03 April 2025, the landlord issued a 14-day notice for rent arrears.
Mr Sanjay states that on 08 April 2025, they were informed by a family member of the tenant that the tenant had vacated the property. Mr Sanjay went to the property and discovered it unlocked. An inspection revealed that the tenant had vacated, leaving some furniture and rubbish. Photographic evidence has been produced.
On 08 April 2025, the landlord filed their claim for abandonment and possession. On 09 April 2025, the application was scheduled for hearing today. Law
Under section 61(1) of the Act, the Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. A tenancy is considered abandoned where the tenant leaves the premises without reasonable excuse, does not intend returning or to fulfil their obligations, and fails to notify the landlord.
I am satisfied the landlord became aware, or ought to have been aware, that the tenant had abandoned the premises on 08 April 2025. An up to date rent summary shows that the tenant was in arrears at the relevant time.
As the premises have been abandoned and rent is in arrears, the tenancy is terminated immediately.
Under section 61(3)(a) of the Act, a tenant who abandons the property shall be liable for rent for a period not exceeding 21 days from the date of abandonment. This reflects the notice period a tenant would have been required to give to terminate a periodic tenancy.
The landlord has provided rent records which prove the amount owing.
In this case, I award the landlord the rent owing to 08 April 2025, plus an additional 21 days rent in lieu of notice.
Although the landlord included a breakdown of additional claims in their application, relating to failing to return the keys, cleaning, rubbish removal and damages, they have chosen not to proceed with these today, and intend filing a separate claim following possession. Costs
Because Pride Property Management Limited as Agent for Chami and Asitha Abeysinghe has wholly succeeded with the claim I must reimburse the filing fee. Name suppression.
Although they are entitled to do so, the landlord does not seek name suppression, and no orders are made.

Tenancy Tribunal case 5229785 — Rent arrears at 100 Oreti Street, Kingswell, Invercargill 9812

At a glance

Tenancy Tribunal case 5229785 — Rent arrears at 100 Oreti Street, Kingswell, Invercargill 9812

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions