How much money was awarded in case 4583050?

Rent Arrears: $5,130.00 awarded to landlord; Water Rates: $2,848.70 awarded to landlord

What type of tenancy dispute was case 4583050?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4583050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9425811-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4583050?

Rent Arrears: $5,130.00 awarded to landlord; Water Rates: $2,848.70 awarded to landlord

What type of tenancy dispute was case 4583050?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4583050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9425811-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 26 Sheehan Avenue, Papakura, Papakura Tenancy Tribunal Case 4583050 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4583050?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4583050 — net $5,458.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 June 2023	$5,130.00	Rent arrears to 12 June 2023
Water rates	$2,848.70	Water rates
Net award	$5,458.70
Total payable by Tenant to Landlord	$5,458.70

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Pro Edge Property Management Limited - As Agent For Umesh Goyal is entitled to possession of the premises at Unit/Flat 1, 26 Sheehan Avenue, Papakura, Papakura 2110.

The tenancy ended on the 22 May 2023 when the tenant abandoned the property

Lance Graham Brougham must pay Pro Edge Property Management Limited - As Agent For Umesh Goyal $5,458.70 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,520.00 (3539007-003) to Pro Edge Property Management Limited - As Agent For Umesh Goyal immediately.

The landlord is file any claims for compensation or vacated damages within 10 days by 20 October 2023 and send a copy of the claims to Aucklandmetrotenancy@justice.govt.nz and the other party.

The hearing is adjourned.

A further 2 hours should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.

Pro Edge Property Management Limited - As Agent For Umesh Goyal 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 goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing on the 18 September 2023 the tenant did not.

The landlord has applied for possession of the premises following the termination of the tenancy.

The landlord went to the property on or about the 22 June for a routine inspection and found the property abandoned. The grass was overgrown and some of the tenant’s belongings were removed form the house. The landlord tried to make contact with the tenant but received no response. The landlord subsequently changed the locks to secure the property.

I am satisfied that the tenancy ended when the landlord changed the locks as from that point on the tenant had no access to the property. However, I consider that the tenant abandoned the tenancy before that time. The tenant stopped paying rent in April and the rent was considerably in arrears by the time that the landlord visited the property.

When a tenant abandons a property, and they are in arrears the Tribunal may terminate the tenancy and grant legal possession back to the landlord.

The Tribunal can also award rent in lieu of notice and I have awarded rent in lieu of notice to the 12 June 2023.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The landlord has applied for the disposal of goods 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. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Other claims.

The landlord wishes to file claims for cleaning, rubbish removal, disposal of the tenant’s belongings, and remedial work for damages. The landlord was waiting on the tribunal’s decision regarding disposal of the tenant’s goods and possession before undertaking this work.

The landlord will undertake this work and provide invoices for the work to the Tribunal by 20 October 2023.

The landlord and the tenant will be advised of the next hearing date to consider those claims.

Claims and awards in Tenancy Tribunal application 4583050 — net $5,458.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 June 2023	$5,130.00	Rent arrears to 12 June 2023
Water rates	$2,848.70	Water rates
Net award	$5,458.70
Total payable by Tenant to Landlord	$5,458.70

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Pro Edge Property Management Limited - As Agent For Umesh Goyal is entitled to possession of the premises at Unit/Flat 1, 26 Sheehan Avenue, Papakura, Papakura 2110.
The tenancy ended on the 22 May 2023 when the tenant abandoned the property
Lance Graham Brougham must pay Pro Edge Property Management Limited - As Agent For Umesh Goyal $5,458.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (3539007-003) to Pro Edge Property Management Limited - As Agent For Umesh Goyal immediately.
The landlord is file any claims for compensation or vacated damages within 10 days by 20 October 2023 and send a copy of the claims to Aucklandmetrotenancy@justice.govt.nz and the other party.
The hearing is adjourned.
A further 2 hours should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.
Pro Edge Property Management Limited - As Agent For Umesh Goyal 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 goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing on the 18 September 2023 the tenant did not.
The landlord has applied for possession of the premises following the termination of the tenancy.
The landlord went to the property on or about the 22 June for a routine inspection and found the property abandoned. The grass was overgrown and some of the tenant’s belongings were removed form the house. The landlord tried to make contact with the tenant but received no response. The landlord subsequently changed the locks to secure the property.
I am satisfied that the tenancy ended when the landlord changed the locks as from that point on the tenant had no access to the property. However, I consider that the tenant abandoned the tenancy before that time. The tenant stopped paying rent in April and the rent was considerably in arrears by the time that the landlord visited the property.
When a tenant abandons a property, and they are in arrears the Tribunal may terminate the tenancy and grant legal possession back to the landlord.
The Tribunal can also award rent in lieu of notice and I have awarded rent in lieu of notice to the 12 June 2023.

How much is owed for rent and water rates?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The landlord has applied for the disposal of goods 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. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Other claims.
The landlord wishes to file claims for cleaning, rubbish removal, disposal of the tenant’s belongings, and remedial work for damages. The landlord was waiting on the tribunal’s decision regarding disposal of the tenant’s goods and possession before undertaking this work.
The landlord will undertake this work and provide invoices for the work to the Tribunal by 20 October 2023.
The landlord and the tenant will be advised of the next hearing date to consider those claims.

Tenancy Tribunal case 4583050 — Rent arrears at Unit/Flat Flat 1, 26 Sheehan Avenue, Papakura, Papakura

At a glance

Tenancy Tribunal case 4583050 — Rent arrears at Unit/Flat Flat 1, 26 Sheehan Avenue, Papakura, Papakura

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions