What was the outcome of Tenancy Tribunal case 5287862?

The tribunal order states: Eves Realty Limited is granted possession of the premises at Unit/Flat 4, 6

How much money was awarded in case 5287862?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,614.29 awarded to landlord

What type of tenancy dispute was case 5287862?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5287862?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12089177-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5287862?

The tribunal order states: Eves Realty Limited is granted possession of the premises at Unit/Flat 4, 6

How much money was awarded in case 5287862?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,614.29 awarded to landlord

What type of tenancy dispute was case 5287862?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5287862?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12089177-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 6 Ranch Road, Mount Maunganui, Mount Tenancy Tribunal Case 5287862 — Rent arrears

Claims and awards in Tenancy Tribunal application 5287862 — net $2,581.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 July 2025	$3,614.29	18. The landlord provided rent records which prove the amount owing to the date of possession which is today.
Filing fee	$27.00	Filing fee
Net award	$2,581.29
Total payable by Tenant to Landlord	$2,581.29

Order

Eves Realty Limited is granted possession of the premises at Unit/Flat 4, 6 Ranch Road, Mount Maunganui, Mount Maunganui 3116 immediately.
Caris Bensemann must pay Eves Realty Limited $2,581.29 immediately, being rent arrears and the filing fee shown in the table below.
The Bond Centre is to pay the bond of $1,060.00 (BN-00018074) to Eves Realty Limited immediately.

Reasons

Both parties attended the hearing at its start. It took place by telephone after the parties did not join the video conference as initially scheduled.
The tenant left the hearing quite close to the start. She was trying to over speak over the landlord. I explained that she would get her chance to say what she wanted to say shortly but to wait until the landlord had explained her position and then the call was disconnected. I called her back advising on voicemail how she could reconnect and telling her I would call back shortly, but I received no notification that she wanted me to telephone her again. I called her back later in the hearing but only received her voicemail.
I find it more likely than not she chose to leave the hearing. The hearing therefore proceeded in her absence.
I am satisfied that the applicant is a ‘landlord’ for the purposes of the Residential Tenancies Act 1986 and can make this application. I accept that it began managing the property as landlord in August 2024 and that it undertakes all of the day to day running of the tenancy including collecting rent, managing maintenance, issuing notices and holding the bond in its name (Abdulla Moussa Ragab Hamouda v Gralin property Management (Auckland Central) Limited [2024] NZDC 16642).
The landlord applied for the termination of the tenancy on the basis of abandonment and rent arrears but pursued an application for possession of the premises following a notice to terminate the tenancy at the hearing itself.
I am satisfied that it is clear from the application, the documents filed and the notice of hearing sent to the parties that the landlord was seeking possession of the property and so I heard evidence and submission in relation to this.
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 (RTA). 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. I am not satisfied that the tenant has abandoned the premises. The very basis for the application is that the tenant remains in possession of the property despite her saying she was going to leave and take her belongings. This part of the application is dismissed.
I have considered very carefully whether the tenant remains in possession of the property.
The landlord gave a notice dated 4 March 2025 terminating the periodic tenancy on 90 days notice. The end date of the tenancy was set out to be 4 June 2025. There is no suggestion that this notice is invalid. At the time the notice was given a landlord can terminate a periodic tenancy on 90 days notice (s51(1), RTA).
I heard that the landlord went to the premises the day after the tenancy was due to end on 5 June and that the tenant was still in bed and not out of the property as expected. The landlord was advised by the tenant that the tenant would be moving over the weekend when she had help. On 10 June the tenant’s bed was taken.
On 12 June the landlord told the took photographs of the property. These show a property with a considerable amount of furniture remaining and a stocked fridge. The landlord says she made sure the lights were off. The landlord told the tenant by text that she recommend that she leave and the owner needs the property. The tenant replies that she still needed to gather her belongings and sort a trailer. The landlord explained she still needed to pay rent and she needed the keys and everything gone. On 13 June the tenant relied by text that that she would have all of her items out first thing tomorrow.
On 16 June (the day the application to the Tribunal was made) the landlord noted by text that the tenant’s items were still there and that she should drop the key to the office.
The landlord says she then went back and forth checking on the property from the outside since, hoping the items are removed but they have not. Lights had been on. The key remined unreturned.
On 3 July the landlord visited the property and again a considerable amount of furniture remained. Photographs were provided.
The landlord says the neighbours have told her that the tenant goes back at night. The landlord has seen personal effects through the window such as perfume, deodorant and clothes.
I conclude on the basis of the evidence before me that it is more likely than not that the tenant remains in possession of the premises. While not returning the keys and leaving furniture items will not always be sufficient to prove that possession has not been returned to the landlord, on the evidence before me, I consider it to be more likely than not to be the case here.
Had she done so, the tenant could have easily told the landlord she had vacated the premises and would not be taking any more of her items so that the landlord could take possession but she did not. The landlord made an application to the Tribunal promptly to get possession. The landlord also communicated about ongoing rent liability.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing to the date of possession which is today. The sum ordered is proven. Filing fee
The landlord has been successful and so I have ordered the reimbursement of the filing fee.
The landlord did not seek name suppression and I see no reason to award this to the tenant. She has not been wholly or successful in the proceedings and there is no other reason to award suppression. She also did not seek it (s95A RTA).

Claims and awards in Tenancy Tribunal application 5287862 — net $2,581.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 July 2025	$3,614.29	18. The landlord provided rent records which prove the amount owing to the date of possession which is today.
Filing fee	$27.00	Filing fee
Net award	$2,581.29
Total payable by Tenant to Landlord	$2,581.29

Order

Eves Realty Limited is granted possession of the premises at Unit/Flat 4, 6 Ranch Road, Mount Maunganui, Mount Maunganui 3116 immediately.
Caris Bensemann must pay Eves Realty Limited $2,581.29 immediately, being rent arrears and the filing fee shown in the table below.
The Bond Centre is to pay the bond of $1,060.00 (BN-00018074) to Eves Realty Limited immediately.

Reasons

Both parties attended the hearing at its start. It took place by telephone after the parties did not join the video conference as initially scheduled.
The tenant left the hearing quite close to the start. She was trying to over speak over the landlord. I explained that she would get her chance to say what she wanted to say shortly but to wait until the landlord had explained her position and then the call was disconnected. I called her back advising on voicemail how she could reconnect and telling her I would call back shortly, but I received no notification that she wanted me to telephone her again. I called her back later in the hearing but only received her voicemail.
I find it more likely than not she chose to leave the hearing. The hearing therefore proceeded in her absence.
I am satisfied that the applicant is a ‘landlord’ for the purposes of the Residential Tenancies Act 1986 and can make this application. I accept that it began managing the property as landlord in August 2024 and that it undertakes all of the day to day running of the tenancy including collecting rent, managing maintenance, issuing notices and holding the bond in its name (Abdulla Moussa Ragab Hamouda v Gralin property Management (Auckland Central) Limited [2024] NZDC 16642).
The landlord applied for the termination of the tenancy on the basis of abandonment and rent arrears but pursued an application for possession of the premises following a notice to terminate the tenancy at the hearing itself.
I am satisfied that it is clear from the application, the documents filed and the notice of hearing sent to the parties that the landlord was seeking possession of the property and so I heard evidence and submission in relation to this.
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 (RTA). 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. I am not satisfied that the tenant has abandoned the premises. The very basis for the application is that the tenant remains in possession of the property despite her saying she was going to leave and take her belongings. This part of the application is dismissed.
I have considered very carefully whether the tenant remains in possession of the property.
The landlord gave a notice dated 4 March 2025 terminating the periodic tenancy on 90 days notice. The end date of the tenancy was set out to be 4 June 2025. There is no suggestion that this notice is invalid. At the time the notice was given a landlord can terminate a periodic tenancy on 90 days notice (s51(1), RTA).
I heard that the landlord went to the premises the day after the tenancy was due to end on 5 June and that the tenant was still in bed and not out of the property as expected. The landlord was advised by the tenant that the tenant would be moving over the weekend when she had help. On 10 June the tenant’s bed was taken.
On 12 June the landlord told the took photographs of the property. These show a property with a considerable amount of furniture remaining and a stocked fridge. The landlord says she made sure the lights were off. The landlord told the tenant by text that she recommend that she leave and the owner needs the property. The tenant replies that she still needed to gather her belongings and sort a trailer. The landlord explained she still needed to pay rent and she needed the keys and everything gone. On 13 June the tenant relied by text that that she would have all of her items out first thing tomorrow.
On 16 June (the day the application to the Tribunal was made) the landlord noted by text that the tenant’s items were still there and that she should drop the key to the office.
The landlord says she then went back and forth checking on the property from the outside since, hoping the items are removed but they have not. Lights had been on. The key remined unreturned.
On 3 July the landlord visited the property and again a considerable amount of furniture remained. Photographs were provided.
The landlord says the neighbours have told her that the tenant goes back at night. The landlord has seen personal effects through the window such as perfume, deodorant and clothes.
I conclude on the basis of the evidence before me that it is more likely than not that the tenant remains in possession of the premises. While not returning the keys and leaving furniture items will not always be sufficient to prove that possession has not been returned to the landlord, on the evidence before me, I consider it to be more likely than not to be the case here.
Had she done so, the tenant could have easily told the landlord she had vacated the premises and would not be taking any more of her items so that the landlord could take possession but she did not. The landlord made an application to the Tribunal promptly to get possession. The landlord also communicated about ongoing rent liability.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing to the date of possession which is today. The sum ordered is proven. Filing fee
The landlord has been successful and so I have ordered the reimbursement of the filing fee.
The landlord did not seek name suppression and I see no reason to award this to the tenant. She has not been wholly or successful in the proceedings and there is no other reason to award suppression. She also did not seek it (s95A RTA).

Tenancy Tribunal case 5287862 — Rent arrears at Unit/Flat 4, 6 Ranch Road, Mount Maunganui, Mount

At a glance

Tenancy Tribunal case 5287862 — Rent arrears at Unit/Flat 4, 6 Ranch Road, Mount Maunganui, Mount

At a glance

Award balance

Claims & awards

Order

Reasons

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

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions