Published tribunal order
Tenancy Tribunal case 4766457 — Rent arrears at 38A Maplesden Drive, Clendon Park, Auckland 2103
Decided 19 Jan 2024 · Published 19 Jan 2024 · Application 4766457
- Rent arrears
Party names are redacted in the official published order.
Order
- The tenancy of Kelly Kuini Rimene at 38A Maplesden Drive, Clendon Park, Auckland 2103 is terminated, and possession is granted to [The landlord/s], immediately.
Reasons
- This was a telephone hearing. The landlord was represented by [The landlord’s representative]. The tenant did not attend the hearing as the call to her phone went unanswered. The hearing proceeded in the tenant’s absence.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund 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 7 December 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord had given notice to the tenant that an inspection would take place on 7 December 2023. When the landlord attended for the inspection, it was clear that the property was abandoned, and this is further evidenced by the photographs produced by the landlord. In addition, many fixtures including the heat pump and hot water cylinder were missing which further supported the landlord’s belief that the tenancy was abandoned.
- 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 at the end of the tenancy. The amount ordered includes rent in lieu of notice.
- The landlord had not lodged the bond with the Bond Centre. The reason given for this was that the tenant had not signed the bond lodgement form. The bond still should have been lodged. I have deducted the bond from the amount owed by the tenant.
- The landlord had applied for compensation due to damage caused at the premises. Prior to the hearing that part of the claim was withdrawn and instead the landlord will make another application for those costs.
- Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed from this order.