How much money was awarded in case 4682910?

Filing Fee: $20.44 awarded to landlord; Power Charges As At 31 August 2023: $240.58 awarded to landlord; Rent Arrears: $3,557.14 awarded to landlord; Rubbish Removal: $402.50 awarded to landlord

What type of tenancy dispute was case 4682910?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4682910?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9603710-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4682910?

Filing Fee: $20.44 awarded to landlord; Power Charges As At 31 August 2023: $240.58 awarded to landlord; Rent Arrears: $3,557.14 awarded to landlord; Rubbish Removal: $402.50 awarded to landlord

What type of tenancy dispute was case 4682910?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4682910?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9603710-Tribunal_Order_Redacted.pdf.

Unit/Flat 9J, 34 Kingston Street, Auckland Central, Auckland Tenancy Tribunal Case 4682910 — Rent arrears

Q: What was Tenancy Tribunal case 4682910 about?

The tribunal order states: The tenancy of Yiting Pan at Unit/Flat 9J, 34 Kingston Street, Auckland Central,

Order

Claims and awards in Tenancy Tribunal application 4682910 — net $2,900.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 1 November 2023	$3,557.14	Rent arrears as at 1 November 2023
Power charges as at 31 August 2023	$240.58	Power charges as at 31 August 2023
Cleaning and rubbish removal	$402.50	Cleaning and rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,900.66
Total payable by Tenant to Landlord	$2,900.66

The tenancy of Yiting Pan at Unit/Flat 9J, 34 Kingston Street, Auckland Central, Auckland 1010, Altitude is terminated, and possession is granted to [The landlord/s], at 11.59pm on Wednesday 1 November 2023.

The Bond Centre is to pay the bond of $1,320.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Yiting Pan must pay [The landlord/s] $2,900.66 immediately, calculated as shown in the table below:

Yiting Pan must pay [The landlord/s] $2,900.66 immediately, calculated as shown in table below.

Reasons

This is order amends the order dated 1 November 2023. The amendment was necessary because the original order was incomplete.

This hearing was scheduled to be heard by teleconference. I rang the number provided for the tenant twice but was unable to get through. The hearing proceeded in his absence.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, payment of power charges, compensation for cleaning and rubbish removal, reimbursement of the filing fee and payment of the bond.

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 30 October 2023 the landlord became aware during an inspection that the tenant had abandoned the premises. All of his belongings had been removed with only some minor items/rubbish left behind.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately. How much does the tenant owe?

The landlord provided rent records which prove the amount owing as at today’s date. I am aware that the landlord is entitled to 28 days’ notice of termination of the tenancy and the tenant is required to pay rent for those 28 days. However, the tenant is also only required to pay rent until the beginning of a new tenancy whichever is the earlier between that date and the expiry of the 28 days. I am ordering rent to be paid to today’s date (2 days of the 28 days’ notice period) because I do not know whether the premises will be re-tenanted within the 28 days’ notice period. The landlord may make another application for further rent arrears once it is established whether the earliest date is the 28 days or the retenanting of the premises.

I also accept the evidence showing that as at 31 August 2023, the tenant owed $240.58 in power charges.

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The evidence shows that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The amount ordered to remedy this is proved by an invoice.

Further to these costs, the tenant is required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. Suppression of name

The applicant is entitled to have their name suppressed because they applied for suppression and were wholly successful in the claim against the tenant – see s95A of the Residential Tenancies Act 1986. C ter Haar 03 November 2023

Claims and awards in Tenancy Tribunal application 4682910 — net $2,900.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 1 November 2023	$3,557.14	Rent arrears as at 1 November 2023
Power charges as at 31 August 2023	$240.58	Power charges as at 31 August 2023
Cleaning and rubbish removal	$402.50	Cleaning and rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,900.66
Total payable by Tenant to Landlord	$2,900.66

Order

The tenancy of Yiting Pan at Unit/Flat 9J, 34 Kingston Street, Auckland Central, Auckland 1010, Altitude is terminated, and possession is granted to [The landlord/s], at 11.59pm on Wednesday 1 November 2023.
The Bond Centre is to pay the bond of $1,320.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Yiting Pan must pay [The landlord/s] $2,900.66 immediately, calculated as shown in the table below:
Yiting Pan must pay [The landlord/s] $2,900.66 immediately, calculated as shown in table below.

Reasons

This is order amends the order dated 1 November 2023. The amendment was necessary because the original order was incomplete.
This hearing was scheduled to be heard by teleconference. I rang the number provided for the tenant twice but was unable to get through. The hearing proceeded in his absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, payment of power charges, compensation for cleaning and rubbish removal, reimbursement of the filing fee and payment of the bond.

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 30 October 2023 the landlord became aware during an inspection that the tenant had abandoned the premises. All of his belongings had been removed with only some minor items/rubbish left behind.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately. How much does the tenant owe?
The landlord provided rent records which prove the amount owing as at today’s date. I am aware that the landlord is entitled to 28 days’ notice of termination of the tenancy and the tenant is required to pay rent for those 28 days. However, the tenant is also only required to pay rent until the beginning of a new tenancy whichever is the earlier between that date and the expiry of the 28 days. I am ordering rent to be paid to today’s date (2 days of the 28 days’ notice period) because I do not know whether the premises will be re-tenanted within the 28 days’ notice period. The landlord may make another application for further rent arrears once it is established whether the earliest date is the 28 days or the retenanting of the premises.
I also accept the evidence showing that as at 31 August 2023, the tenant owed $240.58 in power charges.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The evidence shows that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amount ordered to remedy this is proved by an invoice.
Further to these costs, the tenant is required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. Suppression of name
The applicant is entitled to have their name suppressed because they applied for suppression and were wholly successful in the claim against the tenant – see s95A of the Residential Tenancies Act 1986. C ter Haar 03 November 2023

Tenancy Tribunal case 4682910 — Rent arrears at Unit/Flat 9J, 34 Kingston Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4682910 — Rent arrears at Unit/Flat 9J, 34 Kingston Street, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions