What was Tenancy Tribunal case 4658749 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 4658749?

Filing Fee: $20.44 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $16,222.85 awarded to landlord

What type of tenancy dispute was case 4658749?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4658749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9526659-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4658749 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 4658749?

Filing Fee: $20.44 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $16,222.85 awarded to landlord

What type of tenancy dispute was case 4658749?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4658749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9526659-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4658749 — Rent arrears

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New Zealand Tenancy Tribunal Case 4658749 — Rent arrears | 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 4658749 — net $14,073.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (from 1/9/2021 to 14/2/2022	$16,222.85	Rent arrears (from 1/9/2021 to 14/2/2022
Filing fee reimbursement	$20.44	Filing fee reimbursement
Insurance excess from fire damage	$550.00	Insurance excess from fire damage
Net award	$14,073.29
Total payable by Tenant to Landlord	$14,073.29

Claims and awards for application 4658749 — net $14,073.29 NZD. Verify on MoJ.

Rent arrears (from 1/9/2021 to 14/2/2022

Amount: $16,222.85
Awarded to: Landlord
Reason: Rent arrears (from 1/9/2021 to 14/2/2022

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Insurance excess from fire damage

Amount: $550.00
Awarded to: Landlord
Reason: Insurance excess from fire damage

Net award

Landlord $14,073.29

Total payable by Tenant to Landlord

Landlord $14,073.29

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Hoang van Pham must pay the landlords $14,073.29 immediately, as calculated in the table below.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The hearing was conducted remotely.
The landlord attended and a Mandarin interpreter was present to translate on their behalf. The tenant did not.
The tenant’s mobile phone number, which is the address for service contact he provided in the tenancy agreement, was called twice and the tenant did not answer.
The application was made more than 2 months after the tenant abandoned the premises in June 2021. Notice has been served by email and text message to the tenant’s mobile phone, which are the only addresses for service on the tenancy agreement.

Should the requirement for service be dispensed with?

The tenant abandoned the premises in June 2021, after setting fire to the premises. The landlords found the house unlocked, drug cultivation equipment in the bedrooms and extensive fire damage to the roof in the drug cultivation areas. On 10 June 2021, the landlords initially made contact with the tenant on the mobile phone number he provided as the address for service on the tenancy agreement. The tenant agreed to pay for the damage and has not, nor has he paid the $8,062.85 rent arrears order by the Tribunal on 31 August 2021. l and the landlords have been unable to make contact with him. They have tried find his location to enforce 31 August 2021 order but have been unable to locate him. They believe he may have left New Zealand as his immigration status only allowed him to remain in New Zealand for a fixed term period that the landlords believe may have expired.
The landlords evidence has satisfied me that they have made all reasonable efforts to serve the notice and other documents on the tenant in accordance with this Act. As such, I dispense with the requirement for service and proceed as if the notice or other document had been served on the tenant in accordance with the Residential Tenancies Act 1986 (“the Act”). Orders sought
The landlords have applied for termination of the tenancy, rent arrears, refund of the bond, reimbursement of the insurance excess paid 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.
On 10 June 2021 the landlords became aware (or ought to have been aware) that the tenant had abandoned the premises. They went to the premises to cut some trees that has become problematic and were surprised to find the front door unlocked and wide open and no one home. They noticed extensive fire damage to the roof and went inside to check if everyone was alright. They found drug cultivation equipment in the bedrooms, which was where the fire had broken out. In [2021] NZTT [City] 4308750, the adjudicator described this in more detail. She did not grant termination of the tenancy as the tenant did not attend the hearing.
The premises have been repaired and new tenants moved into the premises on 15 February 2022.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

The tenancy was for a 12-month fixed term, commencing on 1 April 2021 and ending on 31 March 2022.
Section 61(3)(b) of the Act states that the tenant is liable for the rent up to the date of the expiry of the term or the commencement of a new tenancy of the premises, whichever is the earlier.
A new tenancy commenced on 15 February 2022, therefore, the tenant is liable for rent arrears to that date.
The landlords provided rent records which prove the amount owing at the end of the tenancy.
The landlords have also provided evidence that extensive fire damage was caused by the deliberate negligence of the tenant and such damage was foreseeable by the tenant when he chose to cultivate illegal drugs on the premises. He also verbally accepted responsibility for the damage in a mobile phone call with the landlords on 10 June 2021. The landlords insurance covered the loss, but they incurred $550.00 of costs from paying the insurance excess. Filing fee
Because the landlords have wholly succeeded with the claim I must reimburse the filing fee.

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 4658749 — net $14,073.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (from 1/9/2021 to 14/2/2022	$16,222.85	Rent arrears (from 1/9/2021 to 14/2/2022
Filing fee reimbursement	$20.44	Filing fee reimbursement
Insurance excess from fire damage	$550.00	Insurance excess from fire damage
Net award	$14,073.29
Total payable by Tenant to Landlord	$14,073.29

Claims and awards for application 4658749 — net $14,073.29 NZD. Verify on MoJ.

Rent arrears (from 1/9/2021 to 14/2/2022

Amount: $16,222.85
Awarded to: Landlord
Reason: Rent arrears (from 1/9/2021 to 14/2/2022

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Insurance excess from fire damage

Amount: $550.00
Awarded to: Landlord
Reason: Insurance excess from fire damage

Net award

Landlord $14,073.29

Total payable by Tenant to Landlord

Landlord $14,073.29

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Hoang van Pham must pay the landlords $14,073.29 immediately, as calculated in the table below.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The hearing was conducted remotely.
The landlord attended and a Mandarin interpreter was present to translate on their behalf. The tenant did not.
The tenant’s mobile phone number, which is the address for service contact he provided in the tenancy agreement, was called twice and the tenant did not answer.
The application was made more than 2 months after the tenant abandoned the premises in June 2021. Notice has been served by email and text message to the tenant’s mobile phone, which are the only addresses for service on the tenancy agreement.

Should the requirement for service be dispensed with?

The tenant abandoned the premises in June 2021, after setting fire to the premises. The landlords found the house unlocked, drug cultivation equipment in the bedrooms and extensive fire damage to the roof in the drug cultivation areas. On 10 June 2021, the landlords initially made contact with the tenant on the mobile phone number he provided as the address for service on the tenancy agreement. The tenant agreed to pay for the damage and has not, nor has he paid the $8,062.85 rent arrears order by the Tribunal on 31 August 2021. l and the landlords have been unable to make contact with him. They have tried find his location to enforce 31 August 2021 order but have been unable to locate him. They believe he may have left New Zealand as his immigration status only allowed him to remain in New Zealand for a fixed term period that the landlords believe may have expired.
The landlords evidence has satisfied me that they have made all reasonable efforts to serve the notice and other documents on the tenant in accordance with this Act. As such, I dispense with the requirement for service and proceed as if the notice or other document had been served on the tenant in accordance with the Residential Tenancies Act 1986 (“the Act”). Orders sought
The landlords have applied for termination of the tenancy, rent arrears, refund of the bond, reimbursement of the insurance excess paid 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.
On 10 June 2021 the landlords became aware (or ought to have been aware) that the tenant had abandoned the premises. They went to the premises to cut some trees that has become problematic and were surprised to find the front door unlocked and wide open and no one home. They noticed extensive fire damage to the roof and went inside to check if everyone was alright. They found drug cultivation equipment in the bedrooms, which was where the fire had broken out. In [2021] NZTT [City] 4308750, the adjudicator described this in more detail. She did not grant termination of the tenancy as the tenant did not attend the hearing.
The premises have been repaired and new tenants moved into the premises on 15 February 2022.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

The tenancy was for a 12-month fixed term, commencing on 1 April 2021 and ending on 31 March 2022.
Section 61(3)(b) of the Act states that the tenant is liable for the rent up to the date of the expiry of the term or the commencement of a new tenancy of the premises, whichever is the earlier.
A new tenancy commenced on 15 February 2022, therefore, the tenant is liable for rent arrears to that date.
The landlords provided rent records which prove the amount owing at the end of the tenancy.
The landlords have also provided evidence that extensive fire damage was caused by the deliberate negligence of the tenant and such damage was foreseeable by the tenant when he chose to cultivate illegal drugs on the premises. He also verbally accepted responsibility for the damage in a mobile phone call with the landlords on 10 June 2021. The landlords insurance covered the loss, but they incurred $550.00 of costs from paying the insurance excess. Filing fee
Because the landlords have wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4658749 — Rent arrears

At a glance

Tenancy Tribunal case 4658749 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the requirement for service be dispensed with?

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 requirement for service be dispensed with?

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions