What was Tenancy Tribunal case 4639309 about?

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

How much money was awarded in case 4639309?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,285.71 awarded to landlord

What type of tenancy dispute was case 4639309?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4639309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9276923-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4639309 about?

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

How much money was awarded in case 4639309?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,285.71 awarded to landlord

What type of tenancy dispute was case 4639309?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4639309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9276923-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4639309 — Rent arrears

Claims and awards in Tenancy Tribunal application 4639309 — net $1,906.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 August 2023	$4,285.71	Rent arrears to 9 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,906.15
Total payable by Tenant to Landlord	$1,906.15

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s and the Tenant’s name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $1,906.15 immediately, calculated as shown in the table below:
The landlord shall dispose of the fridge left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all other goods as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $1,906.15. The landlord may apply any amount received for the fridge to reduce the sum owed by the tenant.

Reasons

The landlord attended the hearing, but the tenant did not attend the hearing.
The landlord has applied for termination of the tenancy, rent arrears and an order for disposal of goods on the basis that the tenant was the sole tenant and is deceased.
The landlord has not been provided with a copy of the death certificate however the [redacted] police advised the tenant’s passing. The landlord has since viewed a copy of the tenant’s death certificate.
The law relating to the death if a sole tenant is set out in section 50A Residential Tenancies Act 1986 (RTA) which states: (1) On the death of a sole tenant under a tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the tenancy agreement terminates on the earliest of the following dates: (a) the date that is the 21st day after the date on which the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant: (b) the date that is the 21st day after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement: (c) the date that is agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin: (d) the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under subsection (2). (2) If a landlord is unable to give notice to vacate under subsection (1)(b), the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy.
No personal representative or next of kin has given the landlord notice pursuant to s 50A (1)(a). The landlord was told by the [redacted] police not to contact the tenant’s family; albeit it appears the police did not give reason for that. Regardless the landlord felt they could not contact the tenant’s representative or next of kin. As a result the landlord has applied to the tribunal for a termination order.
I find the tenancy should terminate immediately and that possession of the tenancy premises should immediately pass to the landlord. Rent arrears
I am satisfied from the rent summary that the tenant was in arrears and that the amount of arrears ordered has been proven by the landlord. 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 understands the tenant’s family has collected the items they want and that the goods that remain at the premises are not wanted by the family.
I am satisfied that it is not practicable for the landlord to return the goods to the tenant’s estate. With the exception of the fridge I find the value of the goods listed for disposal in the application is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of these goods.
In relation to the fridge I find that the fridge has a value above the cost of storing, transporting and selling it. The landlord must sell the fridge at a reasonable market price and deduct any amount owing from the sale proceeds. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) RTA.
As the landlord has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression of its name and identifying details of the tenancy. The Tribunal of its own volition grants suppression to the tenant having considered the requirements of s 95A, RTA. In particular suppression of the tenant’s name is granted as the reasons the Police have required the landlord not to contact the tenant’s family and the circumstances of the tenant’s death are unknown. I find the public interest does not outweigh these factors.

Claims and awards in Tenancy Tribunal application 4639309 — net $1,906.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 August 2023	$4,285.71	Rent arrears to 9 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,906.15
Total payable by Tenant to Landlord	$1,906.15

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s and the Tenant’s name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $1,906.15 immediately, calculated as shown in the table below:
The landlord shall dispose of the fridge left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all other goods as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $1,906.15. The landlord may apply any amount received for the fridge to reduce the sum owed by the tenant.

Reasons

The landlord attended the hearing, but the tenant did not attend the hearing.
The landlord has applied for termination of the tenancy, rent arrears and an order for disposal of goods on the basis that the tenant was the sole tenant and is deceased.
The landlord has not been provided with a copy of the death certificate however the [redacted] police advised the tenant’s passing. The landlord has since viewed a copy of the tenant’s death certificate.
The law relating to the death if a sole tenant is set out in section 50A Residential Tenancies Act 1986 (RTA) which states: (1) On the death of a sole tenant under a tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the tenancy agreement terminates on the earliest of the following dates: (a) the date that is the 21st day after the date on which the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant: (b) the date that is the 21st day after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement: (c) the date that is agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin: (d) the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under subsection (2). (2) If a landlord is unable to give notice to vacate under subsection (1)(b), the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy.
No personal representative or next of kin has given the landlord notice pursuant to s 50A (1)(a). The landlord was told by the [redacted] police not to contact the tenant’s family; albeit it appears the police did not give reason for that. Regardless the landlord felt they could not contact the tenant’s representative or next of kin. As a result the landlord has applied to the tribunal for a termination order.
I find the tenancy should terminate immediately and that possession of the tenancy premises should immediately pass to the landlord. Rent arrears
I am satisfied from the rent summary that the tenant was in arrears and that the amount of arrears ordered has been proven by the landlord. 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 understands the tenant’s family has collected the items they want and that the goods that remain at the premises are not wanted by the family.
I am satisfied that it is not practicable for the landlord to return the goods to the tenant’s estate. With the exception of the fridge I find the value of the goods listed for disposal in the application is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of these goods.
In relation to the fridge I find that the fridge has a value above the cost of storing, transporting and selling it. The landlord must sell the fridge at a reasonable market price and deduct any amount owing from the sale proceeds. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) RTA.
As the landlord has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression of its name and identifying details of the tenancy. The Tribunal of its own volition grants suppression to the tenant having considered the requirements of s 95A, RTA. In particular suppression of the tenant’s name is granted as the reasons the Police have required the landlord not to contact the tenant’s family and the circumstances of the tenant’s death are unknown. I find the public interest does not outweigh these factors.

Tenancy Tribunal case 4639309 — Rent arrears

At a glance

Tenancy Tribunal case 4639309 — 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