What was Tenancy Tribunal case 4655510 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 4655510?

Ossession Is Granted To [The Landlor…: $20.44 awarded to landlord

What type of tenancy dispute was case 4655510?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4655510?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9352268-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4655510 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 4655510?

Ossession Is Granted To [The Landlor…: $20.44 awarded to landlord

What type of tenancy dispute was case 4655510?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4655510?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9352268-Tribunal_Order_Redacted.pdf.

14 Melgran Avenue, Papakura, Papakura 2110 Tenancy Tribunal Case 4655510 — Rent arrears

Claims and awards in Tenancy Tribunal application 4655510. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ossession is granted to [The landlord/s], immediately. 3. Sierra Taonga-O-Te Rangi Burgandy Lin Munro is to reimburse th	$20.44		ossession is granted to [The landlord/s], immediately. 3. Sierra Taonga-O-Te Rangi Burgandy Lin Munro is to reimburse th

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 Sierra Taonga-O-Te Rangi Burgandy Lin Munro at 14 Melgran Avenue, Papakura, Papakura 2110 is terminated, and possession is granted to [The landlord/s], immediately.
Sierra Taonga-O-Te Rangi Burgandy Lin Munro is to reimburse the filing fee of $20.44 to the landlord immediately.
The application for rent arrears is dismissed.

Reasons

[The landlord/s], the landlord, attended the hearing by teleconference. The phone number for Ms Munro, the tenant, the last three digits being [Redacted], was called twice. Both calls went to voicemail. Another phone number provided for the tenant, the last three digits being [Redacted] was also called but the person who answered said that was not the tenant’s phone number. As the tenant was served, the hearing proceeded in her absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and reimbursement of the filing fee.

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.
The landlord said she notified the tenant that she was coming to the property to inspect repairs to damages the tenant said she would carry out. When the landlord visited the property for this inspection on 12 August 2023, she said the property was empty. She provided photographs of the property taken on this visit, which all show a completely vacated property. I find the landlord first became aware that the tenant had abandoned the premises on 12 August 2023.
The landlord said the tenant left the property without providing notice. The last rent payment by the tenant was on 26 July 2023. The landlord said there have not been any other payments made by the tenant since then.
I accept that rent was in arrears to some degree, for the purposes of the landlord proving that the tenant abandoned the property. Therefore, the tenancy is terminated. I now turn to the issue of whether the landlord has proved the amount of rent arrears. Rent arrears
The landlord stated that, when this tenant first moved into the property, she moved in with another person, Ms Nonoa, and both each had their own separate Tenancy Agreements relating to the same property, as they wanted these for WINZ payments. At this time, [The landlord/s]said that Ms Munro’s Tenancy Agreement said she was to pay $550.00/week rent, as did Ms Nonoa’s Tenancy Agreement, to make total rent for the landlord for that property $1,100.00/week. When Ms Nonoa moved out, another person, Maritha, then apparently took over Ms Nonoa’s tenancy responsibilities and had her own separate Tenancy Agreement with [The landlord/s] until around 19 July 2023, when Maritha moved out, according to [The landlord/s].
[The landlord/s] said that Ms Munro then agreed to take over tenancy for the whole property and pay rent of $1,100.00/week, as opposed to the $550.00/week rent she had been paying before then. There was no Tenancy Agreement provided that reflected the $550.00/week rent Ms Munro was to pay initially. [The landlord/s] provided two copies of a Tenancy Agreement she said was signed between the parties on 22 July 2023, and which she said was the new agreement for Ms Munro to pay $1100.00/week. The first of these ‘new’ Tenancy Agreements did not have the weekly rent inserted in it. The second copy had the weekly rent amount inserted. [The landlord/s] said she had submitted the incorrect copy initially.
In the rent summary provided by the landlord, the amounts in the ‘amount of rent due’ column, varied from $10.95, to $600.00 to $700.00 to $800.00 and then back to $550.00 per week. The rent summary then later reflected an increased weekly rent to $1,100.00. [The landlord/s] explained that when the tenant was short in paying the rent one week, she would increase the rent amount due for the following week, rather than keep a running accumulating total in the total rent arrears column. However, there were also some figures in the arrears column of the rent summary. She said the $10.95 was to credit the tenant who had paid for some repairs. The accounting in the rent summary was such that it was difficult to clarify what the exact amount of rent arrears was. [The landlord/s] said that the tenant had paid all rent obligations up to the time the rent increased to $1,100.00, but this was difficult to ascertain from the rent summary provided, as it appeared that the tenant was in debit during the time before the rent increase. Given all this, I find that the landlord has provided insufficient evidence to prove the amount of rent arrears owing by the tenant. Therefore, the claim for rent arrears is dismissed.
Because [The landlord/s] has been successful with the claim I must reimburse the filing fee.
The landlord requested suppression. As she was successful in her claim, she is entitled to suppression as of right. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4655510. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ossession is granted to [The landlord/s], immediately. 3. Sierra Taonga-O-Te Rangi Burgandy Lin Munro is to reimburse th	$20.44		ossession is granted to [The landlord/s], immediately. 3. Sierra Taonga-O-Te Rangi Burgandy Lin Munro is to reimburse th

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 Sierra Taonga-O-Te Rangi Burgandy Lin Munro at 14 Melgran Avenue, Papakura, Papakura 2110 is terminated, and possession is granted to [The landlord/s], immediately.
Sierra Taonga-O-Te Rangi Burgandy Lin Munro is to reimburse the filing fee of $20.44 to the landlord immediately.
The application for rent arrears is dismissed.

Reasons

[The landlord/s], the landlord, attended the hearing by teleconference. The phone number for Ms Munro, the tenant, the last three digits being [Redacted], was called twice. Both calls went to voicemail. Another phone number provided for the tenant, the last three digits being [Redacted] was also called but the person who answered said that was not the tenant’s phone number. As the tenant was served, the hearing proceeded in her absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and reimbursement of the filing fee.

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.
The landlord said she notified the tenant that she was coming to the property to inspect repairs to damages the tenant said she would carry out. When the landlord visited the property for this inspection on 12 August 2023, she said the property was empty. She provided photographs of the property taken on this visit, which all show a completely vacated property. I find the landlord first became aware that the tenant had abandoned the premises on 12 August 2023.
The landlord said the tenant left the property without providing notice. The last rent payment by the tenant was on 26 July 2023. The landlord said there have not been any other payments made by the tenant since then.
I accept that rent was in arrears to some degree, for the purposes of the landlord proving that the tenant abandoned the property. Therefore, the tenancy is terminated. I now turn to the issue of whether the landlord has proved the amount of rent arrears. Rent arrears
The landlord stated that, when this tenant first moved into the property, she moved in with another person, Ms Nonoa, and both each had their own separate Tenancy Agreements relating to the same property, as they wanted these for WINZ payments. At this time, [The landlord/s]said that Ms Munro’s Tenancy Agreement said she was to pay $550.00/week rent, as did Ms Nonoa’s Tenancy Agreement, to make total rent for the landlord for that property $1,100.00/week. When Ms Nonoa moved out, another person, Maritha, then apparently took over Ms Nonoa’s tenancy responsibilities and had her own separate Tenancy Agreement with [The landlord/s] until around 19 July 2023, when Maritha moved out, according to [The landlord/s].
[The landlord/s] said that Ms Munro then agreed to take over tenancy for the whole property and pay rent of $1,100.00/week, as opposed to the $550.00/week rent she had been paying before then. There was no Tenancy Agreement provided that reflected the $550.00/week rent Ms Munro was to pay initially. [The landlord/s] provided two copies of a Tenancy Agreement she said was signed between the parties on 22 July 2023, and which she said was the new agreement for Ms Munro to pay $1100.00/week. The first of these ‘new’ Tenancy Agreements did not have the weekly rent inserted in it. The second copy had the weekly rent amount inserted. [The landlord/s] said she had submitted the incorrect copy initially.
In the rent summary provided by the landlord, the amounts in the ‘amount of rent due’ column, varied from $10.95, to $600.00 to $700.00 to $800.00 and then back to $550.00 per week. The rent summary then later reflected an increased weekly rent to $1,100.00. [The landlord/s] explained that when the tenant was short in paying the rent one week, she would increase the rent amount due for the following week, rather than keep a running accumulating total in the total rent arrears column. However, there were also some figures in the arrears column of the rent summary. She said the $10.95 was to credit the tenant who had paid for some repairs. The accounting in the rent summary was such that it was difficult to clarify what the exact amount of rent arrears was. [The landlord/s] said that the tenant had paid all rent obligations up to the time the rent increased to $1,100.00, but this was difficult to ascertain from the rent summary provided, as it appeared that the tenant was in debit during the time before the rent increase. Given all this, I find that the landlord has provided insufficient evidence to prove the amount of rent arrears owing by the tenant. Therefore, the claim for rent arrears is dismissed.
Because [The landlord/s] has been successful with the claim I must reimburse the filing fee.
The landlord requested suppression. As she was successful in her claim, she is entitled to suppression as of right. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) Residential Tenancies Act 1986.

Tenancy Tribunal case 4655510 — Rent arrears at 14 Melgran Avenue, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4655510 — Rent arrears at 14 Melgran Avenue, Papakura, Papakura 2110

At a glance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions