How much money was awarded in case 4595489?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,139.00 awarded to landlord

What type of tenancy dispute was case 4595489?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4595489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9192584-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4595489?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,139.00 awarded to landlord

What type of tenancy dispute was case 4595489?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4595489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9192584-Tenancy_Tribunal_Order.pdf.

30 Woodlands Road, Opotiki, Opotiki 3122 Tenancy Tribunal Case 4595489 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4595489?

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 4595489 — net $4,109.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19.6.2023	$5,139.00	Rent arrears to 19.6.2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,109.44
Total payable by Tenant to Landlord	$4,109.44

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

The tenancy of Rachael Lyn Hennessey at 30 Woodlands Road, Opotiki, Opotiki 3122 is terminated, and possession is granted to Wayne David Glover, immediately.

The Bond Centre is to pay the bond of $1,050.00 (6268454-009) to Wayne David Glover immediately.

Rachael Lyn Hennessey must pay Wayne David Glover $4,109.44 immediately, calculated as shown in table below.

Reasons

Mr Glover, the landlord, attended the hearing by teleconference. The phone number for Ms Hennessey, the tenant, the last three digits being 315, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in her absence.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation, outgoings, refund of the bond and reimbursement of the filing fee. During the hearing, the landlord withdrew his claims for compensation and outgoings.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears at the hearing date. See section 61 Residential Tenancies Act 1986. 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.

On 22 May 2023, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Mr Glover said he went to the property on 21 May 2023, on hearing rumours that the tenant had left the property, saw the tenant’s partner there and was told by him they were moving. Mr Glover said the house was for sale and the real estate agent called him on 22 May 2023 to tell him the tenant had left the key there. Mr Glover said that Ms Hennessey did not provide any 28-day notice to him of her intention to leave the property.

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

How much does the tenant owe?

The landlord provided rent records which prove the amount owing to 24 May 2023, which is $4,959.00.

Pursuant to section 61(3)(a)(i) RTA, in a periodic tenancy such as this tenancy, the tenant is liable for rent for 28 days after the date specified by the Tribunal as the date the property was abandoned. I find the date the property was abandoned was 22 May 2023, when the landlord was told by the real estate agent that the tenant had left the property and returned the key. As such, Ms Hennessey is liable for rent for 28 days from 22 May 2023, which is up to 19 June 2023.

The rent summary provided by the landlord goes to 24 May 2023. Weekly rent is $350.00 so daily rent is $50.00. Ms Hennessey is liable for an additional 26 days @ $50.00/day from 25 May 2023 to 19 June 2023, for a sub-total of $1,300.00. Therefore, the tenant owes the landlord a total of $6,259.00 in rent to 19 June 2023, the end of the 28-day notice period. However, Mr Glover said that he had agreed with the tenant to deduct a total of $1,120.00 from rent arrears owing, for various things agreed between he and the tenant over the period of the tenancy. So, Mr Glover only wished to claim $5,139.00 in rent to 19 June 2023, less than the amount owing in rent arrears. Therefore, the tenant owes the landlord $5,139.00 in rent arrears to 19 June 2023.

The Bond Centre is to pay the bond of $1,050.00 (6268454-009) to Wayne David Glover immediately.

Because Wayne David Glover has been successful with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4595489 — net $4,109.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19.6.2023	$5,139.00	Rent arrears to 19.6.2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,109.44
Total payable by Tenant to Landlord	$4,109.44

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Rachael Lyn Hennessey at 30 Woodlands Road, Opotiki, Opotiki 3122 is terminated, and possession is granted to Wayne David Glover, immediately.
The Bond Centre is to pay the bond of $1,050.00 (6268454-009) to Wayne David Glover immediately.
Rachael Lyn Hennessey must pay Wayne David Glover $4,109.44 immediately, calculated as shown in table below.

Reasons

Mr Glover, the landlord, attended the hearing by teleconference. The phone number for Ms Hennessey, the tenant, the last three digits being 315, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in her absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation, outgoings, refund of the bond and reimbursement of the filing fee. During the hearing, the landlord withdrew his claims for compensation and outgoings.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears at the hearing date. See section 61 Residential Tenancies Act 1986. 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.
On 22 May 2023, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Mr Glover said he went to the property on 21 May 2023, on hearing rumours that the tenant had left the property, saw the tenant’s partner there and was told by him they were moving. Mr Glover said the house was for sale and the real estate agent called him on 22 May 2023 to tell him the tenant had left the key there. Mr Glover said that Ms Hennessey did not provide any 28-day notice to him of her intention to leave the property.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing to 24 May 2023, which is $4,959.00.
Pursuant to section 61(3)(a)(i) RTA, in a periodic tenancy such as this tenancy, the tenant is liable for rent for 28 days after the date specified by the Tribunal as the date the property was abandoned. I find the date the property was abandoned was 22 May 2023, when the landlord was told by the real estate agent that the tenant had left the property and returned the key. As such, Ms Hennessey is liable for rent for 28 days from 22 May 2023, which is up to 19 June 2023.
The rent summary provided by the landlord goes to 24 May 2023. Weekly rent is $350.00 so daily rent is $50.00. Ms Hennessey is liable for an additional 26 days @ $50.00/day from 25 May 2023 to 19 June 2023, for a sub-total of $1,300.00. Therefore, the tenant owes the landlord a total of $6,259.00 in rent to 19 June 2023, the end of the 28-day notice period. However, Mr Glover said that he had agreed with the tenant to deduct a total of $1,120.00 from rent arrears owing, for various things agreed between he and the tenant over the period of the tenancy. So, Mr Glover only wished to claim $5,139.00 in rent to 19 June 2023, less than the amount owing in rent arrears. Therefore, the tenant owes the landlord $5,139.00 in rent arrears to 19 June 2023.
The Bond Centre is to pay the bond of $1,050.00 (6268454-009) to Wayne David Glover immediately.
Because Wayne David Glover has been successful with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4595489 — Rent arrears at 30 Woodlands Road, Opotiki, Opotiki 3122

At a glance

Tenancy Tribunal case 4595489 — Rent arrears at 30 Woodlands Road, Opotiki, Opotiki 3122

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions