How much money was awarded in case 4670331?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4670331?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4670331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9510803-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4670331?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4670331?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4670331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9510803-Tenancy_Tribunal_Order.pdf.

81 Clevedon Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4670331 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4670331?

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

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Order

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

The tenancy of John Graeme Goodwin and Paris Nepe-Hitchens at 81 Clevedon Road, Papakura, Papakura 2110 is terminated, and possession is granted to Manoj Kumar Bangia immediately.

No other orders are made.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenants went unanswered, no response I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.

The landlord has applied for termination and possession of the premises following the termination of the tenancy. Possession

The tenancy should have ended on 31 January 2023. This end date was via a valid landlord notice to terminate as the premises are to be demolished. A possession order was sought.

The delay in seeking any enforcement from that date was due to the landlord attempting to engage the tenants further after that date. This process has been unsuccessful, and the landlord now seeks possession.

For the avoidance of any doubt, given the delays since the effective termination date for the benefit of the tenants, this application for termination and possession was varied to also consider termination due to abandonment.

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 23 August 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises as the landlord served a final notice to the tenants on that day regarding their exit and removal of possessions but no response from the tenants was received. No further tenant contact with the landlord has been made since.

The photos supplied by the landlord clearly indicate substantial rubbish and abandonment possessions left behind. There is no obvious signs of any occupation, and the premises are in a damaged state with obvious pest problems. I am satisfied the tenants have abandoned the premises at some time after the landlord notice to terminate effective 31 January 2023.

While no rent summary was supplied (nor rent arrears sought), there were several notices to remedy rent arrears provided that have not been remedied and I am satisfied rent is arrears, albeit no quantum stated or sought.

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

The landlord is free to dispose of any abandoned items or goods of no saleable value as he sees fit. It is not expected there are any goods of value at this stage that would return any profit after the cost of selling. If any goods of value are identified, the landlord should seek an appropriate disposal order.

The landlord waived any order for the return of the application filing fee.

Order

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

The tenancy of John Graeme Goodwin and Paris Nepe-Hitchens at 81 Clevedon Road, Papakura, Papakura 2110 is terminated, and possession is granted to Manoj Kumar Bangia immediately.

No other orders are made.

Reasons

The landlord has applied for termination and possession of the premises following the termination of the tenancy. Possession

The tenancy should have ended on 31 January 2023. This end date was via a valid landlord notice to terminate as the premises are to be demolished. A possession order was sought.

Should the tenancy be terminated?

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

The landlord waived any order for the return of the application filing fee.

Tenancy Tribunal case 4670331 — Rent arrears at 81 Clevedon Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4670331 — Rent arrears at 81 Clevedon Road, Papakura, Papakura 2110

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions