How much money was awarded in case 4659669?

Rent Arrears: $10,905.14 awarded to landlord

What type of tenancy dispute was case 4659669?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4659669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9459849-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4659669?

Rent Arrears: $10,905.14 awarded to landlord

What type of tenancy dispute was case 4659669?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4659669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9459849-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 27A Aurora Avenue, Wesley, Auckland 1025 Tenancy Tribunal Case 4659669 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4659669?

The tribunal order states: No application for suppression has been made in this case and no suppression

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Order

Claims and awards in Tenancy Tribunal application 4659669 — net $10,905.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8.9.2023	$10,905.14	Rent arrears to 8.9.2023
Net award	$10,905.14
Total payable by Tenant to Landlord	$10,905.14

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The tenancy of Losaline Tupou at Unit/Flat 2, 27A Aurora Avenue, Wesley, Auckland 1025 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.

Losaline Tupou must pay Kāinga Ora–Homes And Communities $10,905.14 immediately, calculated as shown in the table below:

Reasons

Ms Perese attended the hearing by teleconference on behalf of the landlord. The phone number for the tenant, Losaline Tupou, the last three digits being 453, was called twice, with no response on either call. As the tenant was served, the hearing proceeded in her absence.

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

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. 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 11 August 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord attended the property on 11 August 2023 to deliver a letter about a proposed inspection date. The tenant’s family were at the property on this date and allowed the landlord to see the inside of the property. The landlord provided photographs of the inside of the property, which show empty rooms with no furniture or belongings.

The landlord provided confirmation that the tenant left New Zealand on 13 July 2023. Ms Perese said they have not been able to reach the tenant since then and believe she is still overseas.

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

How much does the tenant owe?

When the tenant has abandoned the property in a periodic tenancy, such as this one, the tenant is liable for rent for 28 days from the date the Tribunal finds the landlord was first aware the property was abandoned. I have found the landlord was first aware the property was abandoned on 11 August 2023. Therefore, the tenant is liable for rent to 8 September 2023. See section 61(3)(a)(i) Residential Tenancies Act 1986 (“RTA”).

The landlord provided rent records which prove the amount owing to 6 September 2023, which is $10,786.00. Weekly rent is $417.00 so daily rent is $59.57. A further 2 days’ rent @ $59.57 is payable for 7 & 8 September 2023, for a sub-total of $119.14. Therefore, the tenant owes the landlord a total of $10,905.14 in rent to 8 September 2023. The amount ordered includes rent in lieu of notice.

Order

Claims and awards in Tenancy Tribunal application 4659669 — net $10,905.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8.9.2023	$10,905.14	Rent arrears to 8.9.2023
Net award	$10,905.14
Total payable by Tenant to Landlord	$10,905.14

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The tenancy of Losaline Tupou at Unit/Flat 2, 27A Aurora Avenue, Wesley, Auckland 1025 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.

Losaline Tupou must pay Kāinga Ora–Homes And Communities $10,905.14 immediately, calculated as shown in the table below:

Reasons

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

Should the tenancy be terminated?

The landlord provided confirmation that the tenant left New Zealand on 13 July 2023. Ms Perese said they have not been able to reach the tenant since then and believe she is still overseas.

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

How much does the tenant owe?

Tenancy Tribunal case 4659669 — Rent arrears at Unit/Flat 2, 27A Aurora Avenue, Wesley, Auckland 1025

At a glance

Tenancy Tribunal case 4659669 — Rent arrears at Unit/Flat 2, 27A Aurora Avenue, Wesley, Auckland 1025

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