What was the outcome of Tenancy Tribunal case 5300196?

The tribunal order states: The tenancy of Chelsea Michelle McConnell at 40 Beach Road, Te Atatu

How much money was awarded in case 5300196?

Rent Arrears: $8,800.00 awarded to landlord

What type of tenancy dispute was case 5300196?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5300196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12250257-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5300196?

The tribunal order states: The tenancy of Chelsea Michelle McConnell at 40 Beach Road, Te Atatu

How much money was awarded in case 5300196?

Rent Arrears: $8,800.00 awarded to landlord

What type of tenancy dispute was case 5300196?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5300196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12250257-Tenancy_Tribunal_Order.pdf.

40 Beach Road, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 5300196 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5300196 — net $8,800.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,800.00	Rent arrears
Net award	$8,800.00
Total payable by Tenant to Landlord	$8,800.00

The tenancy of Chelsea Michelle McConnell at 40 Beach Road, Te Atatu Peninsula, Auckland 0610 is terminated, and possession is granted to Dennis Jenming Chan, immediately

Chelsea Michelle McConnell must pay Dennis Jenming Chan $8,800.00 immediately, calculated as shown in the table below:

Dennis Jenming Chan must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $8,800.00.

Dennis Jenming Chan must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

Mr Chan attended the hearing. Ms McConnell did not attend the video hearing or take any of the calls made to the two numbers provided. I left a message and delayed the start of the hearing, but when no attendance was made I proceeded in her absence. I am satisfied that the notices were correctly served and she has had an opportunity to be heard.

The landlord has applied for termination of the tenancy, and rent. The premises are damaged extensively and an inspection shows that the tenant appears to have abandoned the tenancy and has left a large amount of rubbish and personal items.

As this application was made only regarding arrears and termination, I am unable to consider the damage or rubbish removal, as the claims have not been quantified and Ms McConnel has had no notice of these claims.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenancy is the second 6 month term from a previous fixed term tenancy. The Bond was exhausted at the end of that term and despite promises, Ms McConnel has made no arrangements with WINZ for the bond to be paid. As this latest term has progressed the rent payment have become sporadic and then have ceased. $8800 (11 weeks rent) is owing at todays date. The landlord has served arrears notices and nancy

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

Should the tenancy be terminated?

At the date of the application the rent was over 21 days in arrears. Furthermore the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above. Disposal of goods

The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.

The landlord is unable to contact the tenant.

It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).

The landlord may dispose of any goods that have no saleable value.

Claims and awards in Tenancy Tribunal application 5300196 — net $8,800.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,800.00	Rent arrears
Net award	$8,800.00
Total payable by Tenant to Landlord	$8,800.00

Order

The tenancy of Chelsea Michelle McConnell at 40 Beach Road, Te Atatu Peninsula, Auckland 0610 is terminated, and possession is granted to Dennis Jenming Chan, immediately
Chelsea Michelle McConnell must pay Dennis Jenming Chan $8,800.00 immediately, calculated as shown in the table below:
Dennis Jenming Chan must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $8,800.00.
Dennis Jenming Chan must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

Mr Chan attended the hearing. Ms McConnell did not attend the video hearing or take any of the calls made to the two numbers provided. I left a message and delayed the start of the hearing, but when no attendance was made I proceeded in her absence. I am satisfied that the notices were correctly served and she has had an opportunity to be heard.
The landlord has applied for termination of the tenancy, and rent. The premises are damaged extensively and an inspection shows that the tenant appears to have abandoned the tenancy and has left a large amount of rubbish and personal items.
As this application was made only regarding arrears and termination, I am unable to consider the damage or rubbish removal, as the claims have not been quantified and Ms McConnel has had no notice of these claims.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenancy is the second 6 month term from a previous fixed term tenancy. The Bond was exhausted at the end of that term and despite promises, Ms McConnel has made no arrangements with WINZ for the bond to be paid. As this latest term has progressed the rent payment have become sporadic and then have ceased. $8800 (11 weeks rent) is owing at todays date. The landlord has served arrears notices and nancy
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

At the date of the application the rent was over 21 days in arrears. Furthermore the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above. Disposal of goods
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.

Tenancy Tribunal case 5300196 — Rent arrears at 40 Beach Road, Te Atatu Peninsula, Auckland 0610

At a glance

Tenancy Tribunal case 5300196 — Rent arrears at 40 Beach Road, Te Atatu Peninsula, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions