How much money was awarded in case 4638713?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,498.56 awarded to landlord; Water Rates: $107.97 awarded to landlord

What type of tenancy dispute was case 4638713?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4638713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9480384-Tribunal_Order.pdf.

How much money was awarded in case 4638713?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,498.56 awarded to landlord; Water Rates: $107.97 awarded to landlord

What type of tenancy dispute was case 4638713?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4638713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9480384-Tribunal_Order.pdf.

1 Rewarewa Road, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 4638713 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4638713?

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 4638713 — net $3,342.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at end of tenancy	$4,498.56	Rent arrears at end of tenancy
Water rates	$107.97	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,342.12
Total payable by Tenant to Landlord	$3,342.12

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

Javana Hone must pay Shelter Realty Limited As Agent For Y J Living Ltd $3,342.12 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $1,284.85 (6447786-004) to Shelter Realty Limited As Agent For Y J Living Ltd immediately.

The application for exemplary damages for abandonment is dismissed.

Reasons

The Tribunal must consider an application filed by the landlord, and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). DescriptionLandlord Rent arrears at end of tenancy$4,498.56 Water rates$107.97 Filing fee reimbursement$20.44 Total award$4,626.97 Minus bond$1,284.85 Total payable by Tenant to Landlord$3,342.12

Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

The landlord seeks order in relation to abandonment of the premises, rent arrears, water rates, and rubbish removal.

ABANDONMENT OF TENANCY

The landlord seeks exemplary damages for abandonment of the tenancy.

The landlord states that the tenant telephoned the landlord (property manager) on 26 July 2023, advising that she would be leaving the tenancy. In response the landlord advised that the tenant would need to give 28 days’ notice, but the tenant left anyway.

As I explained to the landlord at the hearing, while the tenant should have given the notice in writing, I am satisfied that she has not abandoned the premises.

The RTA does not define what ‘abandonment’ means, but the approach taken by the Tribunal is to accept an abandonment occurs when the rent is in arrears, and the tenant leaves the premises without giving any notification to the landlord. That is not the situation here.

Section 85 relates to the manner in which the Tenancy Tribunal is to apply its jurisdiction under the RTA, and that includes at subsection 2: (2) The Tribunal shall determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.

In the circumstances where the landlord has been notified orally the tenant is leaving, it would be reasonable not to apply a strict requirement for the legal form or technicality around how the notice was give. I am certain the property manager understood that the tenant was leaving the tenancy.

I am therefore satisfied that the tenant has not ‘abandoned’ the premises.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears. The tenancy is a periodic tenancy, so the tenant must give 28 days notice, to put that another way the tenant is liable for 28 days rent from the date they give notice.

In this case the landlord seeks rent for the 28 days after the oral notification, which is a reasonable approach in my view.

The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.

The landlord has established that the tenant is in arrears to the amount claimed, being $4,498.56 and that is ordered in full.

FILING FEE

The applicant has been mostly successful in their claim before the Tribunal. I find it is reasonable therefore to award the filing fee paid to commence the proceeding in the Tribunal, which is $20.44.

NAME SUPPRESSION

There is no application for name suppression.

Claims and awards in Tenancy Tribunal application 4638713 — net $3,342.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at end of tenancy	$4,498.56	Rent arrears at end of tenancy
Water rates	$107.97	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,342.12
Total payable by Tenant to Landlord	$3,342.12

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Javana Hone must pay Shelter Realty Limited As Agent For Y J Living Ltd $3,342.12 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,284.85 (6447786-004) to Shelter Realty Limited As Agent For Y J Living Ltd immediately.
The application for exemplary damages for abandonment is dismissed.

Reasons

The Tribunal must consider an application filed by the landlord, and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). DescriptionLandlord Rent arrears at end of tenancy$4,498.56 Water rates$107.97 Filing fee reimbursement$20.44 Total award$4,626.97 Minus bond$1,284.85 Total payable by Tenant to Landlord$3,342.12
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.
The landlord seeks order in relation to abandonment of the premises, rent arrears, water rates, and rubbish removal.

ABANDONMENT OF TENANCY

The landlord seeks exemplary damages for abandonment of the tenancy.
The landlord states that the tenant telephoned the landlord (property manager) on 26 July 2023, advising that she would be leaving the tenancy. In response the landlord advised that the tenant would need to give 28 days’ notice, but the tenant left anyway.
As I explained to the landlord at the hearing, while the tenant should have given the notice in writing, I am satisfied that she has not abandoned the premises.
The RTA does not define what ‘abandonment’ means, but the approach taken by the Tribunal is to accept an abandonment occurs when the rent is in arrears, and the tenant leaves the premises without giving any notification to the landlord. That is not the situation here.
Section 85 relates to the manner in which the Tenancy Tribunal is to apply its jurisdiction under the RTA, and that includes at subsection 2: (2) The Tribunal shall determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.
In the circumstances where the landlord has been notified orally the tenant is leaving, it would be reasonable not to apply a strict requirement for the legal form or technicality around how the notice was give. I am certain the property manager understood that the tenant was leaving the tenancy.
I am therefore satisfied that the tenant has not ‘abandoned’ the premises.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears. The tenancy is a periodic tenancy, so the tenant must give 28 days notice, to put that another way the tenant is liable for 28 days rent from the date they give notice.
In this case the landlord seeks rent for the 28 days after the oral notification, which is a reasonable approach in my view.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.
The landlord has established that the tenant is in arrears to the amount claimed, being $4,498.56 and that is ordered in full.

FILING FEE

The applicant has been mostly successful in their claim before the Tribunal. I find it is reasonable therefore to award the filing fee paid to commence the proceeding in the Tribunal, which is $20.44.

NAME SUPPRESSION

There is no application for name suppression.

Tenancy Tribunal case 4638713 — Rent arrears at 1 Rewarewa Road, Te Atatu Peninsula, Auckland 0610

At a glance

Tenancy Tribunal case 4638713 — Rent arrears at 1 Rewarewa Road, Te Atatu Peninsula, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

ABANDONMENT OF TENANCY

RENT ARREARS

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

ABANDONMENT OF TENANCY

RENT ARREARS

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions