What was Tenancy Tribunal case 4793497 about?

The tribunal order states: Theresa Faalau TUI'I and Motuga Tuii must pay [The landlord/s] $5,613.30

How much money was awarded in case 4793497?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,592.86 awarded to landlord

What type of tenancy dispute was case 4793497?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4793497?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10154973-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4793497 about?

The tribunal order states: Theresa Faalau TUI'I and Motuga Tuii must pay [The landlord/s] $5,613.30

How much money was awarded in case 4793497?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,592.86 awarded to landlord

What type of tenancy dispute was case 4793497?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4793497?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10154973-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4793497 — Rent arrears

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New Zealand Tenancy Tribunal Case 4793497 — 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 4793497 — net $5,613.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.3.2024	$5,592.86	Rent arrears to 1.3.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,613.30
Total payable by Tenant to Landlord	$5,613.30

Claims and awards for application 4793497 — net $5,613.30 NZD. Verify on MoJ.

Rent arrears to 1.3.2024

Amount: $5,592.86
Awarded to: Landlord
Reason: Rent arrears to 1.3.2024

Filing fee reimbursement

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

Net award

Landlord $5,613.30

Total payable by Tenant to Landlord

Landlord $5,613.30

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Theresa Faalau TUI'I and Motuga Tuii must pay [The landlord/s] $5,613.30 immediately, calculated as shown in the table below:

Reasons

[The landlord’s representative] attended the hearing by teleconference on behalf of the landlord. The phone numbers for the tenants, the last three digits being 082 and 813 respectively, were called without any response. As the tenants were served, the hearing proceeded in their absence.
The landlord has applied for termination, rent arrears, outgoings and just before the hearing provided documents related to a compensation claim.
As the compensation claim was not included in the original application or served on the tenants and the time scheduled for the hearing was not sufficient to also hear the compensation claim, the landlord will file a separate application for compensation.
During the hearing, the landlord withdrew their claims for termination and possession and for outgoings.
[The landlord’s representative] said the landlords first became aware that the tenants had abandoned the property on 1 February 2024, as they received an email from the tenants on 1 February 2024 that they had left the property the day before, on 31 January 2024. She said the tenants did not provide them with any notice before they left. This was a fixed term tenancy that was to go to 16 March 2024, according to the tenancy agreement.
[The landlord’s representative] said that new tenants moved into the property on 2 March 2024.
Section 61(3)(b) Residential Tenancies Act 1986 (“RTA”) provides that a tenant who abandons premises in a fixed term tenancy shall be liable for rent until either the date of the expiry of the term or the date of commencement of a new tenancy of the premises, whichever is the earlier.
As a new tenancy started on 2 March 2024, I find these tenants are liable for rent to 1 March 2024.
The landlord provided rent records which prove the tenants owe the landlord $5,592.86 to 1 March 2024.
Because [The landlord/s] has been successful with the claim I must reimburse the filing fee.
The landlord requested name suppression. As they have been successful with the claim, they are entitled to suppression. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) RTA.

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 4793497 — net $5,613.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.3.2024	$5,592.86	Rent arrears to 1.3.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,613.30
Total payable by Tenant to Landlord	$5,613.30

Claims and awards for application 4793497 — net $5,613.30 NZD. Verify on MoJ.

Rent arrears to 1.3.2024

Amount: $5,592.86
Awarded to: Landlord
Reason: Rent arrears to 1.3.2024

Filing fee reimbursement

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

Net award

Landlord $5,613.30

Total payable by Tenant to Landlord

Landlord $5,613.30

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Theresa Faalau TUI'I and Motuga Tuii must pay [The landlord/s] $5,613.30 immediately, calculated as shown in the table below:

Reasons

[The landlord’s representative] attended the hearing by teleconference on behalf of the landlord. The phone numbers for the tenants, the last three digits being 082 and 813 respectively, were called without any response. As the tenants were served, the hearing proceeded in their absence.
The landlord has applied for termination, rent arrears, outgoings and just before the hearing provided documents related to a compensation claim.
As the compensation claim was not included in the original application or served on the tenants and the time scheduled for the hearing was not sufficient to also hear the compensation claim, the landlord will file a separate application for compensation.
During the hearing, the landlord withdrew their claims for termination and possession and for outgoings.
[The landlord’s representative] said the landlords first became aware that the tenants had abandoned the property on 1 February 2024, as they received an email from the tenants on 1 February 2024 that they had left the property the day before, on 31 January 2024. She said the tenants did not provide them with any notice before they left. This was a fixed term tenancy that was to go to 16 March 2024, according to the tenancy agreement.
[The landlord’s representative] said that new tenants moved into the property on 2 March 2024.
Section 61(3)(b) Residential Tenancies Act 1986 (“RTA”) provides that a tenant who abandons premises in a fixed term tenancy shall be liable for rent until either the date of the expiry of the term or the date of commencement of a new tenancy of the premises, whichever is the earlier.
As a new tenancy started on 2 March 2024, I find these tenants are liable for rent to 1 March 2024.
The landlord provided rent records which prove the tenants owe the landlord $5,592.86 to 1 March 2024.
Because [The landlord/s] has been successful with the claim I must reimburse the filing fee.
The landlord requested name suppression. As they have been successful with the claim, they are entitled to suppression. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) RTA.

Tenancy Tribunal case 4793497 — Rent arrears

At a glance

Tenancy Tribunal case 4793497 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions