What was Tenancy Tribunal case 4728229 about?

The tribunal order states: The Bond Centre is to pay the bond of $920.00 ([Bond number suppressed]) to

How much money was awarded in case 4728229?

Property Damage: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,915.81 awarded to landlord

What type of tenancy dispute was case 4728229?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4728229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9836085-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4728229 about?

The tribunal order states: The Bond Centre is to pay the bond of $920.00 ([Bond number suppressed]) to

How much money was awarded in case 4728229?

Property Damage: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,915.81 awarded to landlord

What type of tenancy dispute was case 4728229?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4728229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9836085-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4728229 — Rent arrears

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New Zealand Tenancy Tribunal Case 4728229 — 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 4728229 — net $1,516.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,915.81	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Exemplary Damages	$500.00	Exemplary Damages
Net award	$1,516.25
Total payable by Tenant to Landlord	$1,516.25

Claims and awards for application 4728229 — net $1,516.25 NZD. Verify on MoJ.

Rent arrears

Amount: $1,915.81
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Exemplary Damages

Amount: $500.00
Awarded to: Landlord
Reason: Exemplary Damages

Net award

Landlord $1,516.25

Total payable by Tenant to Landlord

Landlord $1,516.25

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Rent arrears

Order

The Bond Centre is to pay the bond of $920.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Chen Zhao must pay [The landlord/s] $1,516.25 immediately, calculated as shown in the table below:

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.

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 20 December 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant had not appeared at a previous mediation hearing. On conducting an inspection of the premises on 20 December 2023, the landlord found that all tenant personal belongings had been removed. The tenant has not replied to any correspondence or telephone calls from the landlord.
As 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 at the end of the tenancy. The amount ordered includes rent in lieu of notice from 20 December 2023. The rent owing for the 28 days from 20 December 2023 to 13 January 2024 is $1,915.81.The tenant is ordered to pay rent arrears of $1,915.81. Exemplary damages
The landlord claims the tenant abandoned the premises.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations. The landlord has proven the claim.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrears. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
The tenant has abandoned the premises. The tenant must have known that the rent was in arrears when they did so. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
It is in the best interest of this landlord and the public interest, to have tenants leaving premises only when they have given the appropriate notice and have paid their rent to the end of the tenancy. The circumstances of this matter are such that I consider that the tenant has abandoned the premises whilst rent was in arrear intentionally. The tenant is ordered to pay exemplary damages of $500.00.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord name and details is ordered.

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 4728229 — net $1,516.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,915.81	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Exemplary Damages	$500.00	Exemplary Damages
Net award	$1,516.25
Total payable by Tenant to Landlord	$1,516.25

Claims and awards for application 4728229 — net $1,516.25 NZD. Verify on MoJ.

Rent arrears

Amount: $1,915.81
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Exemplary Damages

Amount: $500.00
Awarded to: Landlord
Reason: Exemplary Damages

Net award

Landlord $1,516.25

Total payable by Tenant to Landlord

Landlord $1,516.25

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Rent arrears

Order

The Bond Centre is to pay the bond of $920.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Chen Zhao must pay [The landlord/s] $1,516.25 immediately, calculated as shown in the table below:

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.

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 20 December 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant had not appeared at a previous mediation hearing. On conducting an inspection of the premises on 20 December 2023, the landlord found that all tenant personal belongings had been removed. The tenant has not replied to any correspondence or telephone calls from the landlord.
As 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 at the end of the tenancy. The amount ordered includes rent in lieu of notice from 20 December 2023. The rent owing for the 28 days from 20 December 2023 to 13 January 2024 is $1,915.81.The tenant is ordered to pay rent arrears of $1,915.81. Exemplary damages
The landlord claims the tenant abandoned the premises.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations. The landlord has proven the claim.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrears. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
The tenant has abandoned the premises. The tenant must have known that the rent was in arrears when they did so. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
It is in the best interest of this landlord and the public interest, to have tenants leaving premises only when they have given the appropriate notice and have paid their rent to the end of the tenancy. The circumstances of this matter are such that I consider that the tenant has abandoned the premises whilst rent was in arrear intentionally. The tenant is ordered to pay exemplary damages of $500.00.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4728229 — Rent arrears

At a glance

Tenancy Tribunal case 4728229 — 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

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