What was Tenancy Tribunal case 4789518 about?

The tribunal order states: This order amends the order dated 22 February 2024 by awarding

How much money was awarded in case 4789518?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,060.00 awarded to landlord

What type of tenancy dispute was case 4789518?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4789518?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10073384-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4789518 about?

The tribunal order states: This order amends the order dated 22 February 2024 by awarding

How much money was awarded in case 4789518?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,060.00 awarded to landlord

What type of tenancy dispute was case 4789518?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4789518?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10073384-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4789518 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4789518 — net $3,240.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22.2.2024	$5,060.00	Rent arrears to 22.2.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,240.44
Total payable by Tenant to Landlord	$3,240.44

This order amends the order dated 22 February 2024 by awarding reimbursement of the filing fee to the landlord. All other orders remain the same.

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of Frances Vendt at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm today, Thursday 22 February 2024.

The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Frances Vendt must pay [The landlord/s] $3,240.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by teleconference.

The Tribunal made attempts to contact the tenant on the cell phone number and work number provided for her in the application. However, the cell phone calls diverted to voicemail and the work number was for a call centre. The call centre operator advised that the call could not be transferred to the tenant. I am satisfied that the tenant received notice of the hearing and did not advise of any updated telephone numbers to call for the hearing. Therefore, I find she choose not to attend, and the hearing proceeded in her 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 arrears 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.

This was a fixed term tenancy commencing on 24.11.2023 and not due to expire until 22.11.2024.

On 19 January 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant had previously attempted to give the landlord 28 days’ notice to terminate the tenancy. However, a tenant is not able to give such notice to terminate before the fixed term ends and nor did the landlord consent to early termination of the tenancy. However, rent fell into arrears and the landlord discovered after serving a notice to inspect the premises that the tenant had vacated, leaving the door unlocked and the keys inside the premises. Photos taken by the landlord and produced in evidence show that the premises have been vacated because they are free of any of the tenant’s belongings.

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. Because this was a fixed term tenancy, rent is payable to the end of the term or until the date a new tenancy is entered into for the premises, whichever is the earlier. At this stage, rent arrears can only be awarded to the hearing date. However, the landlord may lodge a further application for loss of rent once the amount is able to be determined. K Stirling, 12 March 2024

Claims and awards in Tenancy Tribunal application 4789518 — net $3,240.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22.2.2024	$5,060.00	Rent arrears to 22.2.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,240.44
Total payable by Tenant to Landlord	$3,240.44

Order

This order amends the order dated 22 February 2024 by awarding reimbursement of the filing fee to the landlord. All other orders remain the same.
An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Frances Vendt at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm today, Thursday 22 February 2024.
The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Frances Vendt must pay [The landlord/s] $3,240.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by teleconference.
The Tribunal made attempts to contact the tenant on the cell phone number and work number provided for her in the application. However, the cell phone calls diverted to voicemail and the work number was for a call centre. The call centre operator advised that the call could not be transferred to the tenant. I am satisfied that the tenant received notice of the hearing and did not advise of any updated telephone numbers to call for the hearing. Therefore, I find she choose not to attend, and the hearing proceeded in her 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 arrears 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.
This was a fixed term tenancy commencing on 24.11.2023 and not due to expire until 22.11.2024.
On 19 January 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant had previously attempted to give the landlord 28 days’ notice to terminate the tenancy. However, a tenant is not able to give such notice to terminate before the fixed term ends and nor did the landlord consent to early termination of the tenancy. However, rent fell into arrears and the landlord discovered after serving a notice to inspect the premises that the tenant had vacated, leaving the door unlocked and the keys inside the premises. Photos taken by the landlord and produced in evidence show that the premises have been vacated because they are free of any of the tenant’s belongings.
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. Because this was a fixed term tenancy, rent is payable to the end of the term or until the date a new tenancy is entered into for the premises, whichever is the earlier. At this stage, rent arrears can only be awarded to the hearing date. However, the landlord may lodge a further application for loss of rent once the amount is able to be determined. K Stirling, 12 March 2024

Tenancy Tribunal case 4789518 — Rent arrears

At a glance

Tenancy Tribunal case 4789518 — 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