How much money was awarded in case 4653911?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,384.26 awarded to landlord

What type of tenancy dispute was case 4653911?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4653911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9405842-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4653911?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,384.26 awarded to landlord

What type of tenancy dispute was case 4653911?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4653911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9405842-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 1054 Mangarino Road, Hangatiki, RD 7, Te Kuiti Tenancy Tribunal Case 4653911 — Rent arrears

Q: What was Tenancy Tribunal case 4653911 about?

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

Order

Claims and awards in Tenancy Tribunal application 4653911 — net $3,404.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.8.2023	$3,384.26	Rent arrears to 28.8.2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,404.70
Total payable by Tenant to Landlord	$3,404.70

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

The tenancy of Zeik Arthur Roger Davis at Unit/Flat 2, 1054 Mangarino Road, Hangatiki, RD 7, Te Kuiti 3977 is terminated, and possession is granted to [The landlord/s], immediately.

Zeik Arthur Roger Davis must pay [The landlord/s] $3,404.70 immediately, calculated as shown in the table below.

Reasons

[The landlord/s] attended the hearing by teleconference. The phone number for Mr Davis, the tenant, the last three digits being [Redacted], was called twice and both calls went to voicemail. As the tenant was served, the hearing proceeded in his absence.

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

The landlord emailed an updated rent summary to the Tribunal prior to the hearing, which was not received prior to the hearing. She forwarded this again during the hearing to the Tribunal. Whilst it was not received during the hearing, it was received immediately after the hearing.

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 (“RTA”). 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 31 July 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said just before that date she talked with neighbours and was told the house was dark at night, with no lights on, and that the tenant was not parking where he usually did. She then believed the tenant had left the property. She provided him with 48 hours’ notice of an inspection and finally entered the property on 22 August 2023. On that date, she confirmed the power was off, there was rubbish, no food in the pantry, mice running around and the tenant’s vehicle had left. The landlord provided photographs of the premises. She said the tenant had not given her any notice that he was leaving the property.

Therefore, the landlord first became aware that the tenant had abandoned the premises on 31 July 2023.

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

How much does the tenant owe?

This is a periodic tenancy, where the tenant is liable for rent for 28 days after the date specified by the Tribunal as the date upon which the landlord first became aware that the tenant had abandoned the premises. This means the tenant is liable for rent to 28 August 2023, which is 28 days from 31 July 2023. See section 61(3)(a)(i) RTA.

The landlord provided rent records which prove the amount owing to 22 August 2023, which is $3,050.00. Weekly rent is $390.00 so daily rent is $55.71. A further 6 days of rent @ $55.71 is payable from 23 August 2023 to 28 August 2023, for a sub-total of $334.26. Therefore, the tenant owes a total of $3,384.26 in rent to the landlord to 28 August 2023.

Because [The landlord/s] has been successful with the claim I must reimburse the filing fee.

The landlord has requested suppression, which she is entitled to as she has been successful with the claim. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 94A(1) RTA.

Claims and awards in Tenancy Tribunal application 4653911 — net $3,404.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.8.2023	$3,384.26	Rent arrears to 28.8.2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,404.70
Total payable by Tenant to Landlord	$3,404.70

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Zeik Arthur Roger Davis at Unit/Flat 2, 1054 Mangarino Road, Hangatiki, RD 7, Te Kuiti 3977 is terminated, and possession is granted to [The landlord/s], immediately.
Zeik Arthur Roger Davis must pay [The landlord/s] $3,404.70 immediately, calculated as shown in the table below.

Reasons

[The landlord/s] attended the hearing by teleconference. The phone number for Mr Davis, the tenant, the last three digits being [Redacted], was called twice and both calls went to voicemail. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy for abandonment and rent arrears.
The landlord emailed an updated rent summary to the Tribunal prior to the hearing, which was not received prior to the hearing. She forwarded this again during the hearing to the Tribunal. Whilst it was not received during the hearing, it was received immediately after the hearing.

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 (“RTA”). 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 31 July 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said just before that date she talked with neighbours and was told the house was dark at night, with no lights on, and that the tenant was not parking where he usually did. She then believed the tenant had left the property. She provided him with 48 hours’ notice of an inspection and finally entered the property on 22 August 2023. On that date, she confirmed the power was off, there was rubbish, no food in the pantry, mice running around and the tenant’s vehicle had left. The landlord provided photographs of the premises. She said the tenant had not given her any notice that he was leaving the property.
Therefore, the landlord first became aware that the tenant had abandoned the premises on 31 July 2023.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

This is a periodic tenancy, where the tenant is liable for rent for 28 days after the date specified by the Tribunal as the date upon which the landlord first became aware that the tenant had abandoned the premises. This means the tenant is liable for rent to 28 August 2023, which is 28 days from 31 July 2023. See section 61(3)(a)(i) RTA.
The landlord provided rent records which prove the amount owing to 22 August 2023, which is $3,050.00. Weekly rent is $390.00 so daily rent is $55.71. A further 6 days of rent @ $55.71 is payable from 23 August 2023 to 28 August 2023, for a sub-total of $334.26. Therefore, the tenant owes a total of $3,384.26 in rent to the landlord to 28 August 2023.
Because [The landlord/s] has been successful with the claim I must reimburse the filing fee.
The landlord has requested suppression, which she is entitled to as she has been successful with the claim. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 94A(1) RTA.

Tenancy Tribunal case 4653911 — Rent arrears at Unit/Flat 2, 1054 Mangarino Road, Hangatiki, RD 7, Te Kuiti

At a glance

Tenancy Tribunal case 4653911 — Rent arrears at Unit/Flat 2, 1054 Mangarino Road, Hangatiki, RD 7, Te Kuiti

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