How much money was awarded in case 4665272?

Rent Arrears: $16,010.58 awarded to landlord

What type of tenancy dispute was case 4665272?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4665272?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9542477-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4665272?

Rent Arrears: $16,010.58 awarded to landlord

What type of tenancy dispute was case 4665272?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4665272?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9542477-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4665272 — Rent arrears

Q: What was Tenancy Tribunal case 4665272 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 4665272 — net $16,010.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$16,010.58	Rent arrears
Net award	$16,010.58
Total payable by Tenant to Landlord	$16,010.58

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

No service of the application on the tenant is required (s.91B(2)(c) Residential Tenancies Act 1986).

The Tribunal varies the application, on the application of the landlord, to an application for termination of the tenancy on the grounds of abandonment and rent arrears.

The application for disposal of goods is withdrawn by the landlord.

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to Kāinga Ora–Homes And Communities, 11.59 am on 28 July 2023.

[The tenant/s] must pay Kāinga Ora–Homes And Communities $16,010.58 immediately, calculated as shown in the table below:

Reasons

The landlord attended this remote teleconference hearing.

The application was not served on the tenant, nor was the tenant called to appear at the hearing for the following reasons.

The initial application by the landlord was varied to termination for abandonment and rent arrears. The application for removal of the tenant goods was withdrawn.

By letter dated 1 August 2023, [Redacted], a Consultant Psychiatrist with the Mental Health Service for Older People confirmed that the tenant “totally lacks the capacity to make a decision about all aspects of her personal care, welfare and property. She lacks the ability to understand the information, weigh in the balance, and communicate a decision. She is therefore totally lacking in capacity to sign any forms in relation to her personal care and welfare, and property issues.

For those reasons I have not required service of the application on the tenant, nor have I required the tenant to attend the hearing.

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

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 (“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 29 June 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. On that date, the tenant was assessed and admitted into a District Health Board mental health ward for the elderly. The Charge Nurse for the ward advised the landlord that it was more than likely that the tenant would be placed into residential care, but that further assessments were required. The tenant has not returned to the premises.

As the premises have been abandoned, and rent is in arrears, the tenancy is terminated 28 days later (28 July 2023).

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy was $16,010.58. The amount ordered includes rent in lieu of notice.

The Tribunal may supress a parties name on its own initiative, having regard to the interest of the party and to the public interest (see s.95A RTA). In all the circumstances as explained on the order, I consider that it is in the interest of the tenant that their name and details be suppressed.

Claims and awards in Tenancy Tribunal application 4665272 — net $16,010.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$16,010.58	Rent arrears
Net award	$16,010.58
Total payable by Tenant to Landlord	$16,010.58

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
No service of the application on the tenant is required (s.91B(2)(c) Residential Tenancies Act 1986).
The Tribunal varies the application, on the application of the landlord, to an application for termination of the tenancy on the grounds of abandonment and rent arrears.
The application for disposal of goods is withdrawn by the landlord.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to Kāinga Ora–Homes And Communities, 11.59 am on 28 July 2023.
[The tenant/s] must pay Kāinga Ora–Homes And Communities $16,010.58 immediately, calculated as shown in the table below:

Reasons

The landlord attended this remote teleconference hearing.
The application was not served on the tenant, nor was the tenant called to appear at the hearing for the following reasons.
The initial application by the landlord was varied to termination for abandonment and rent arrears. The application for removal of the tenant goods was withdrawn.
By letter dated 1 August 2023, [Redacted], a Consultant Psychiatrist with the Mental Health Service for Older People confirmed that the tenant “totally lacks the capacity to make a decision about all aspects of her personal care, welfare and property. She lacks the ability to understand the information, weigh in the balance, and communicate a decision. She is therefore totally lacking in capacity to sign any forms in relation to her personal care and welfare, and property issues.
For those reasons I have not required service of the application on the tenant, nor have I required the tenant to attend the hearing.
The landlord has applied for termination of the tenancy for abandonment and rent arrears.

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 (“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 29 June 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. On that date, the tenant was assessed and admitted into a District Health Board mental health ward for the elderly. The Charge Nurse for the ward advised the landlord that it was more than likely that the tenant would be placed into residential care, but that further assessments were required. The tenant has not returned to the premises.
As the premises have been abandoned, and rent is in arrears, the tenancy is terminated 28 days later (28 July 2023).

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy was $16,010.58. The amount ordered includes rent in lieu of notice.
The Tribunal may supress a parties name on its own initiative, having regard to the interest of the party and to the public interest (see s.95A RTA). In all the circumstances as explained on the order, I consider that it is in the interest of the tenant that their name and details be suppressed.

Tenancy Tribunal case 4665272 — Rent arrears

At a glance

Tenancy Tribunal case 4665272 — Rent arrears

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

Property management

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

Property management

Frequently asked questions