How much money was awarded in case 4611569?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4611569?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4611569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9301152-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4611569?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4611569?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4611569?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9301152-Tribunal_Order_Redacted.pdf.

Unit/Flat B1, 59 Tawanui Road, Kaikohe, Kaikohe 0405 Tenancy Tribunal Case 4611569 — Rent arrears

Q: What was Tenancy Tribunal case 4611569 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of Moengaroa Beverley Reihana at Unit/Flat B1, 59 Tawanui Road, Kaikohe, Kaikohe 0405 is terminated, and possession is granted to [The landlord/s] immediately.

The Bond Centre is to pay the bond of $432.00 ([Bond number suppressed]) to [The landlord/s] immediately for rent arrears.

[The landlord/s] must store any of the tenant’s personal documents that have been left at the premises for a period of no less than two months from the date of this order. If unclaimed by the tenant after such time the documents may be disposed of.

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, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.

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

Should the tenancy be terminated?

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. 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 11 April 2023 the landlord became aware that the tenant had abandoned the premises. Photographs of the premises were provided. These and the unsuccessful, ongoing efforts by the landlord to contact the tenant, as well as ongoing complaints from the neighbours regarding the deteriorating condition of the premises, confirm abandonment.

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

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. While the rent arrears are greater than the bond, the landlord has capped its claim at the amount of the bond, $432.00. This is awarded. Disposal of goods

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. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord requested suppression. As it has been wholly successful in these proceedings suppression is ordered.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Moengaroa Beverley Reihana at Unit/Flat B1, 59 Tawanui Road, Kaikohe, Kaikohe 0405 is terminated, and possession is granted to [The landlord/s] immediately.
The Bond Centre is to pay the bond of $432.00 ([Bond number suppressed]) to [The landlord/s] immediately for rent arrears.
[The landlord/s] must store any of the tenant’s personal documents that have been left at the premises for a period of no less than two months from the date of this order. If unclaimed by the tenant after such time the documents may be disposed of.
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, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

Should the tenancy be terminated?

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. 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 11 April 2023 the landlord became aware that the tenant had abandoned the premises. Photographs of the premises were provided. These and the unsuccessful, ongoing efforts by the landlord to contact the tenant, as well as ongoing complaints from the neighbours regarding the deteriorating condition of the premises, confirm abandonment.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. While the rent arrears are greater than the bond, the landlord has capped its claim at the amount of the bond, $432.00. This is awarded. Disposal of goods
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. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression. As it has been wholly successful in these proceedings suppression is ordered.

Tenancy Tribunal case 4611569 — Rent arrears at Unit/Flat B1, 59 Tawanui Road, Kaikohe, Kaikohe 0405

At a glance

Tenancy Tribunal case 4611569 — Rent arrears at Unit/Flat B1, 59 Tawanui Road, Kaikohe, Kaikohe 0405

At a glance

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

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