What was the outcome of Tenancy Tribunal case 4641430?

The tribunal order states: The Tenancy of Kylie Anne Davis at 42 Broadfield Street, Massey, Auckland 0614

How much money was awarded in case 4641430?

Possession Is Granted To Barfoot & T…: $20.44 awarded to landlord

What type of tenancy dispute was case 4641430?

The dispute type was not classified.

Where can I read the official tribunal order for case 4641430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9282120-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4641430?

The tribunal order states: The Tenancy of Kylie Anne Davis at 42 Broadfield Street, Massey, Auckland 0614

How much money was awarded in case 4641430?

Possession Is Granted To Barfoot & T…: $20.44 awarded to landlord

What type of tenancy dispute was case 4641430?

The dispute type was not classified.

Where can I read the official tribunal order for case 4641430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9282120-Tenancy_Tribunal_Order.pdf.

42 Broadfield Street, Massey, Auckland 0614 Tenancy Tribunal Case 4641430 — Tenancy dispute

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42 Broadfield Street, Massey, Auckland 0614 Tenancy Tribunal Case 4641430 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4641430. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
possession is granted to Barfoot & Thompson Limited immediately. 2. Kylie Anne Davis to pay Barfoot & Thompson Limited	$20.44		possession is granted to Barfoot & Thompson Limited immediately. 2. Kylie Anne Davis to pay Barfoot & Thompson Limited

Claims and awards for application 4641430. Verify on MoJ.

possession is granted to Barfoot & Thompson Limited immediately. 2. Kylie Anne Davis to pay Barfoot & Thompson Limited

Amount: $20.44
Awarded to: Landlord
Reason: possession is granted to Barfoot & Thompson Limited immediately. 2. Kylie Anne Davis to pay Barfoot & Thompson Limited

Order

The Tenancy of Kylie Anne Davis at 42 Broadfield Street, Massey, Auckland 0614 is terminated, and possession is granted to Barfoot & Thompson Limited immediately.
Kylie Anne Davis to pay Barfoot & Thompson Limited $20.44 immediately, the application filing fee.

Reasons

Both parties attended the hearing.
The Landlord seeks termination of the tenancy for abandonment.
This case is peculiar. The Landlord thought the Tenant had abandoned the property around 25 May 2023.
Police confirm the Tenant has left the country. On 1 June 2023, Sn Con Paul Larsen wrote to the Landlord on the following terms: I have spoken with Clinton Cuthbert today and I can confirm his ex-partner Kylie Davis has left the country and has been reported as a missing person. As far as Police are concern Kylie is an Adult and there are no fears for her safety, she has simply left New Zealand and appears not to be wanting to return in the near future.
Another individual connected to the Tenant, thought the Landlord was imprecise, is living in the home and has continued paying rent.
The Landlord has allowed this arrangement to continue but is now seeking termination of the tenancy.

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: s 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:
If the rent is not in arrear there should be some clear act of repudiation on the part of the Tenant, and I consider the following evidence lends strong support to a finding that the Tenant has unequivocally abandoned the premises: a. The Tenant had removed all her property and personal belongings when the Landlord visited the premises on or about 25 May 2023; b. In the following week (27/05) only half of the rent was paid; c. The Tenant’s partner (or former partner) told the Landlord the Tenant had left and was not coming back; d. The Police evidence suggests the Tenant had left the country and was not coming back.
Because the premises have been abandoned, and rent is currently in arrear, the tenancy is terminated immediately.
It is hoped the Tenant is safe and well.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4641430. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
possession is granted to Barfoot & Thompson Limited immediately. 2. Kylie Anne Davis to pay Barfoot & Thompson Limited	$20.44		possession is granted to Barfoot & Thompson Limited immediately. 2. Kylie Anne Davis to pay Barfoot & Thompson Limited

Claims and awards for application 4641430. Verify on MoJ.

possession is granted to Barfoot & Thompson Limited immediately. 2. Kylie Anne Davis to pay Barfoot & Thompson Limited

Amount: $20.44
Awarded to: Landlord
Reason: possession is granted to Barfoot & Thompson Limited immediately. 2. Kylie Anne Davis to pay Barfoot & Thompson Limited

Order

The Tenancy of Kylie Anne Davis at 42 Broadfield Street, Massey, Auckland 0614 is terminated, and possession is granted to Barfoot & Thompson Limited immediately.
Kylie Anne Davis to pay Barfoot & Thompson Limited $20.44 immediately, the application filing fee.

Reasons

Both parties attended the hearing.
The Landlord seeks termination of the tenancy for abandonment.
This case is peculiar. The Landlord thought the Tenant had abandoned the property around 25 May 2023.
Police confirm the Tenant has left the country. On 1 June 2023, Sn Con Paul Larsen wrote to the Landlord on the following terms: I have spoken with Clinton Cuthbert today and I can confirm his ex-partner Kylie Davis has left the country and has been reported as a missing person. As far as Police are concern Kylie is an Adult and there are no fears for her safety, she has simply left New Zealand and appears not to be wanting to return in the near future.
Another individual connected to the Tenant, thought the Landlord was imprecise, is living in the home and has continued paying rent.
The Landlord has allowed this arrangement to continue but is now seeking termination of the tenancy.

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: s 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:
If the rent is not in arrear there should be some clear act of repudiation on the part of the Tenant, and I consider the following evidence lends strong support to a finding that the Tenant has unequivocally abandoned the premises: a. The Tenant had removed all her property and personal belongings when the Landlord visited the premises on or about 25 May 2023; b. In the following week (27/05) only half of the rent was paid; c. The Tenant’s partner (or former partner) told the Landlord the Tenant had left and was not coming back; d. The Police evidence suggests the Tenant had left the country and was not coming back.
Because the premises have been abandoned, and rent is currently in arrear, the tenancy is terminated immediately.
It is hoped the Tenant is safe and well.

Tenancy Tribunal case 4641430 — Tenancy dispute at 42 Broadfield Street, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4641430 — Tenancy dispute at 42 Broadfield Street, Massey, Auckland 0614

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions