What was the outcome of Tenancy Tribunal case 4752012?

The tribunal order states: The tenancy of Kirisimasi Foaga at Unit/Flat 109, 20 Swanson Road,

How much money was awarded in case 4752012?

Rent Arrears: $780.00 awarded to landlord

What type of tenancy dispute was case 4752012?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4752012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9812234-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4752012?

The tribunal order states: The tenancy of Kirisimasi Foaga at Unit/Flat 109, 20 Swanson Road,

How much money was awarded in case 4752012?

Rent Arrears: $780.00 awarded to landlord

What type of tenancy dispute was case 4752012?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4752012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9812234-Tenancy_Tribunal_Order.pdf.

Unit/Flat 109, 20 Swanson Road, Henderson, Auckland Tenancy Tribunal Case 4752012 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 109, 20 Swanson Road, Henderson, Auckland Tenancy Tribunal Case 4752012 — 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 4752012 — net $780.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 29 November 2023	$780.00	Rent arrears (to 29 November 2023
Net award	$780.00
Total payable by Tenant to Landlord	$780.00

Claims and awards for application 4752012 — net $780.00 NZD. Verify on MoJ.

Rent arrears (to 29 November 2023

Amount: $780.00
Awarded to: Landlord
Reason: Rent arrears (to 29 November 2023

Net award

Landlord $780.00

Total payable by Tenant to Landlord

Landlord $780.00

Claim types — money lines allowed on this order

Rent arrears

Order

The tenancy of Kirisimasi Foaga at Unit/Flat 109, 20 Swanson Road, Henderson, Auckland 0610 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59pm on Monday 8 January 2024.
Kirisimasi Foaga must pay Kāinga Ora–Homes And Communities $780.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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. 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 1 November 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The Landlord issued a notice on 27 October 2023 to enter the premises on 1 November 2023. When the landlord entered the premises the tenant’s belongings had gone and there was no evidence of the tenant having resided at the premises for some time.
The landlord made further enquiries and another government agency confirmed that the tenant had left New Zealand for Nandi on 8 September 2023 and had not returned to New Zealand by 28 November 2023, when the application for possession and termination was made to the Tribunal.
The landlord has tried to reach the tenant but has been unable to locate him.
Because the premises have been abandoned, and rent is in arrears, 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.

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 4752012 — net $780.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 29 November 2023	$780.00	Rent arrears (to 29 November 2023
Net award	$780.00
Total payable by Tenant to Landlord	$780.00

Claims and awards for application 4752012 — net $780.00 NZD. Verify on MoJ.

Rent arrears (to 29 November 2023

Amount: $780.00
Awarded to: Landlord
Reason: Rent arrears (to 29 November 2023

Net award

Landlord $780.00

Total payable by Tenant to Landlord

Landlord $780.00

Claim types — money lines allowed on this order

Rent arrears

Order

The tenancy of Kirisimasi Foaga at Unit/Flat 109, 20 Swanson Road, Henderson, Auckland 0610 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59pm on Monday 8 January 2024.
Kirisimasi Foaga must pay Kāinga Ora–Homes And Communities $780.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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. 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 1 November 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The Landlord issued a notice on 27 October 2023 to enter the premises on 1 November 2023. When the landlord entered the premises the tenant’s belongings had gone and there was no evidence of the tenant having resided at the premises for some time.
The landlord made further enquiries and another government agency confirmed that the tenant had left New Zealand for Nandi on 8 September 2023 and had not returned to New Zealand by 28 November 2023, when the application for possession and termination was made to the Tribunal.
The landlord has tried to reach the tenant but has been unable to locate him.
Because the premises have been abandoned, and rent is in arrears, 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.

Tenancy Tribunal case 4752012 — Rent arrears at Unit/Flat 109, 20 Swanson Road, Henderson, Auckland

At a glance

Tenancy Tribunal case 4752012 — Rent arrears at Unit/Flat 109, 20 Swanson Road, Henderson, Auckland

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