What was the outcome of Tenancy Tribunal case 4789137?

The tribunal order states: The tenancy of Francis Ngata at Unit/Flat 503, 95 Anzac Avenue, Auckland

How much money was awarded in case 4789137?

Previous Order Application 4714849 D…: $4,768.27 awarded to landlord; Rent Arrears: $982.58 awarded to landlord

What type of tenancy dispute was case 4789137?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4789137?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10028156-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4789137?

The tribunal order states: The tenancy of Francis Ngata at Unit/Flat 503, 95 Anzac Avenue, Auckland

How much money was awarded in case 4789137?

Previous Order Application 4714849 D…: $4,768.27 awarded to landlord; Rent Arrears: $982.58 awarded to landlord

What type of tenancy dispute was case 4789137?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4789137?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10028156-Tenancy_Tribunal_Order.pdf.

Unit/Flat 503, 95 Anzac Avenue, Auckland Central, Tenancy Tribunal Case 4789137 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 503, 95 Anzac Avenue, Auckland Central, Tenancy Tribunal Case 4789137 — 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 4789137 — net $5,750.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$982.58	Rent arrears
Previous order application 4714849 dated 20/12/2023	$4,768.27	Previous order application 4714849 dated 20/12/2023
Net award	$5,750.85
Total payable by Tenant to Landlord	$5,750.85

Claims and awards for application 4789137 — net $5,750.85 NZD. Verify on MoJ.

Rent arrears

Amount: $982.58
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4714849 dated 20/12/2023

Amount: $4,768.27
Awarded to: Landlord
Reason: Previous order application 4714849 dated 20/12/2023

Net award

Landlord $5,750.85

Total payable by Tenant to Landlord

Landlord $5,750.85

Claim types — money lines allowed on this order

Rent arrears

Order

The tenancy of Francis Ngata at Unit/Flat 503, 95 Anzac Avenue, Auckland Central, Auckland 1010 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 pm today Friday 1 March 2024.
The tenant must pay the landlord $5,750.85 immediately as set out in the table below. DescriptionLandlord Rent arrears$982.58 Previous order application 4714849 dated 20/12/2023 $4,768.27 Total award$5,750.85 Total payable by Tenant to Landlord$5,750.85

Reasons

The landlord attended the hearing by telephone.
The tenant was telephoned three times. The first time the call was answered but terminated while I explained the purpose of the call. Messages were left on the two subsequent calls.
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 21 November 2023 the landlord issued a notice to the tenant advising him that they believed he was not living at the property and requiring him to return. This letter advised the tenant that if he did not return to the property by 8 December 2023 then an application would be made to the Tribunal to end the tenancy. The date on which the landlord determined that the tenant was no longer living in the property is therefore 8 December 2023. This is the date the Tribunal has determined for the purposes of section 61(2) RTA.
The landlord confirmed that neighbours had told the landlord that the tenant had not been at the property and the landlord had not seen him there for some months. The landlord provided photographs of the property showing that the lawns and section were overgrown.
The tenant has not paid rent for five months. An order of the Tribunal was made on 20 December 2023 for rent arrears to 20 December 2023 under application 4714849.
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 on 8 December 2023 (being the date on which the landlord knew that the property had been abandoned) together with a further four weeks’ rent in lieu of notice, less the rent arrears to 20 December 2023 already ordered under order 4714849.

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 4789137 — net $5,750.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$982.58	Rent arrears
Previous order application 4714849 dated 20/12/2023	$4,768.27	Previous order application 4714849 dated 20/12/2023
Net award	$5,750.85
Total payable by Tenant to Landlord	$5,750.85

Claims and awards for application 4789137 — net $5,750.85 NZD. Verify on MoJ.

Rent arrears

Amount: $982.58
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4714849 dated 20/12/2023

Amount: $4,768.27
Awarded to: Landlord
Reason: Previous order application 4714849 dated 20/12/2023

Net award

Landlord $5,750.85

Total payable by Tenant to Landlord

Landlord $5,750.85

Claim types — money lines allowed on this order

Rent arrears

Order

The tenancy of Francis Ngata at Unit/Flat 503, 95 Anzac Avenue, Auckland Central, Auckland 1010 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 pm today Friday 1 March 2024.
The tenant must pay the landlord $5,750.85 immediately as set out in the table below. DescriptionLandlord Rent arrears$982.58 Previous order application 4714849 dated 20/12/2023 $4,768.27 Total award$5,750.85 Total payable by Tenant to Landlord$5,750.85

Reasons

The landlord attended the hearing by telephone.
The tenant was telephoned three times. The first time the call was answered but terminated while I explained the purpose of the call. Messages were left on the two subsequent calls.
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 21 November 2023 the landlord issued a notice to the tenant advising him that they believed he was not living at the property and requiring him to return. This letter advised the tenant that if he did not return to the property by 8 December 2023 then an application would be made to the Tribunal to end the tenancy. The date on which the landlord determined that the tenant was no longer living in the property is therefore 8 December 2023. This is the date the Tribunal has determined for the purposes of section 61(2) RTA.
The landlord confirmed that neighbours had told the landlord that the tenant had not been at the property and the landlord had not seen him there for some months. The landlord provided photographs of the property showing that the lawns and section were overgrown.
The tenant has not paid rent for five months. An order of the Tribunal was made on 20 December 2023 for rent arrears to 20 December 2023 under application 4714849.
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 on 8 December 2023 (being the date on which the landlord knew that the property had been abandoned) together with a further four weeks’ rent in lieu of notice, less the rent arrears to 20 December 2023 already ordered under order 4714849.

Tenancy Tribunal case 4789137 — Rent arrears at Unit/Flat 503, 95 Anzac Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 4789137 — Rent arrears at Unit/Flat 503, 95 Anzac Avenue, Auckland Central,

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