How much money was awarded in case 4375040?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,720.00 awarded to landlord

What type of tenancy dispute was case 4375040?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4375040?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8108609-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4375040?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,720.00 awarded to landlord

What type of tenancy dispute was case 4375040?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4375040?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8108609-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4375040 — Rent arrears

Q: What was Tenancy Tribunal case 4375040 about?

The tribunal order states: The Tribunal orders suppression of the Landlord’s name and identifying details.

Order

Claims and awards in Tenancy Tribunal application 4375040 — net $1,460.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 01 September 2022	$2,720.00	Rent arrears to 01 September 2022
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,460.44
Total payable by Tenant to Landlord	$1,460.44

The Tribunal orders suppression of the Landlord’s name and identifying details.

The tenancy of Liua Vatuvei and Irene Abraham at [Tenancy address suppressed] is terminated, and possession granted to the landlord immediately.

The Bond Centre is to pay the bond of $1,280.00 ([Bond number suppressed]) to [The landlord/s] immediately

Liua Vatuvei and Irene Abraham must pay [The landlord/s] $1,460.44 immediately, calculated as shown in table below.

The tenant must collect any property that they wish to retrieve within three working days of this Order.

[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other items left at the premises by the tenant as the landlord sees fit.

Reasons

[The landlord’s representative] appeared for the landlord. There was no appearance by the tenant.

The facts of this case are unusual. On 22 June 2022, the Tribunal terminated the tenancy under section 56(1) of the Residential Tenancies Act 1986 (The “Act”), effective 06 July 2022. There were no monetary orders made.

On 06 July 2022, the tenant filed an application for rehearing and sought a stay of proceedings. On 08 July 2022, the application for rehearing was set down for 01 September 2022. [The landlord’s representative] states that upon receiving the application for rehearing, and advice that the termination had been stayed, that the landlord, quite rightly, concluded that the tenant was seeking to remain at the property until the application for rehearing had been determined.

On 07 July 2022, the tenant fell into rent arrears. On 04 August 2022, the landlord visited the property to conduct an inspection and discovered the tenant had vacated the property.

On 05 August 2022, the landlord emailed the tenant about property left at the premises. The landlord states that in a subsequent phone call the tenant advised that they did not intend returning to the property and asked that the items be delivered to a storage unit, the details of which would be supplied to the landlord. The landlord agreed to do this, however, the details were not supplied. On 10 August 2022, the landlord attempted to contact the tenant but was unsuccessful.

The landlord having not received any written notice of termination, nor , perhaps more importantly, any advice that the tenant had withdrawn their application for rehearing thus lifting the stay of proceedings , on 12 August 2022 , in order to gain lawful possession, filed an application for termination of the tenancy for rent arrears of at least 21 days, and an order for disposal of the items.

The landlord has produced an up-to-date rent summary. I am satisfied that the rent was at least 21 days in arrears on the date the application was filed on 12 August 2022. The tenancy is terminated, and possession granted to the landlord immediately. See section 55(1)(a) of the Act. I award the landlord rent arrears to today, 01 September 2022. Interestingly, had the landlord made an application for abandonment, in terms of the tenant’s liability for rent, the outcome would have been the same. As the tenant had left without notice and was in rent arrears at the time, the landlord was entitled to claim, over and above the rent arrears outstanding at the material time, 28 days rent in lieu of notice from 04 August 2022.

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

The landlord has unsuccessfully attempted to arrange collection of the goods. As the tenancy is being terminated today, I am affording the tenant a final opportunity to collect the items within three working days of the date of this Order.

The landlord has produced a schedule and photographs of the items concerned. I am satisfied that the value of these items is below the cost of storing, transporting, and selling them. If the tenant does not collect the items within the specified time, the landlord may dispose of the items as they see fit. See sections 62(3)(b), 62B (2) and (3) of the Act. Costs

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

The landlord has been wholly successful and is granted name suppression. .

Claims and awards in Tenancy Tribunal application 4375040 — net $1,460.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 01 September 2022	$2,720.00	Rent arrears to 01 September 2022
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,460.44
Total payable by Tenant to Landlord	$1,460.44

Order

The Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Liua Vatuvei and Irene Abraham at [Tenancy address suppressed] is terminated, and possession granted to the landlord immediately.
The Bond Centre is to pay the bond of $1,280.00 ([Bond number suppressed]) to [The landlord/s] immediately
Liua Vatuvei and Irene Abraham must pay [The landlord/s] $1,460.44 immediately, calculated as shown in table below.
The tenant must collect any property that they wish to retrieve within three working days of this Order.
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other items left at the premises by the tenant as the landlord sees fit.

Reasons

[The landlord’s representative] appeared for the landlord. There was no appearance by the tenant.
The facts of this case are unusual. On 22 June 2022, the Tribunal terminated the tenancy under section 56(1) of the Residential Tenancies Act 1986 (The “Act”), effective 06 July 2022. There were no monetary orders made.
On 06 July 2022, the tenant filed an application for rehearing and sought a stay of proceedings. On 08 July 2022, the application for rehearing was set down for 01 September 2022. [The landlord’s representative] states that upon receiving the application for rehearing, and advice that the termination had been stayed, that the landlord, quite rightly, concluded that the tenant was seeking to remain at the property until the application for rehearing had been determined.
On 07 July 2022, the tenant fell into rent arrears. On 04 August 2022, the landlord visited the property to conduct an inspection and discovered the tenant had vacated the property.
On 05 August 2022, the landlord emailed the tenant about property left at the premises. The landlord states that in a subsequent phone call the tenant advised that they did not intend returning to the property and asked that the items be delivered to a storage unit, the details of which would be supplied to the landlord. The landlord agreed to do this, however, the details were not supplied. On 10 August 2022, the landlord attempted to contact the tenant but was unsuccessful.
The landlord having not received any written notice of termination, nor , perhaps more importantly, any advice that the tenant had withdrawn their application for rehearing thus lifting the stay of proceedings , on 12 August 2022 , in order to gain lawful possession, filed an application for termination of the tenancy for rent arrears of at least 21 days, and an order for disposal of the items.
The landlord has produced an up-to-date rent summary. I am satisfied that the rent was at least 21 days in arrears on the date the application was filed on 12 August 2022. The tenancy is terminated, and possession granted to the landlord immediately. See section 55(1)(a) of the Act. I award the landlord rent arrears to today, 01 September 2022. Interestingly, had the landlord made an application for abandonment, in terms of the tenant’s liability for rent, the outcome would have been the same. As the tenant had left without notice and was in rent arrears at the time, the landlord was entitled to claim, over and above the rent arrears outstanding at the material time, 28 days rent in lieu of notice from 04 August 2022.
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord has unsuccessfully attempted to arrange collection of the goods. As the tenancy is being terminated today, I am affording the tenant a final opportunity to collect the items within three working days of the date of this Order.
The landlord has produced a schedule and photographs of the items concerned. I am satisfied that the value of these items is below the cost of storing, transporting, and selling them. If the tenant does not collect the items within the specified time, the landlord may dispose of the items as they see fit. See sections 62(3)(b), 62B (2) and (3) of the Act. Costs
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
The landlord has been wholly successful and is granted name suppression. .

Tenancy Tribunal case 4375040 — Rent arrears

At a glance

Tenancy Tribunal case 4375040 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions