What was the outcome of Tenancy Tribunal case 4816320?

The tribunal order states: The tenancy of Nancy Vika Langilangi at Unit/Flat 6, 52 Ruawai Road, Mount

How much money was awarded in case 4816320?

Rent Arrears: $3,947.43 awarded to landlord

What type of tenancy dispute was case 4816320?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4816320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10082541-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4816320?

The tribunal order states: The tenancy of Nancy Vika Langilangi at Unit/Flat 6, 52 Ruawai Road, Mount

How much money was awarded in case 4816320?

Rent Arrears: $3,947.43 awarded to landlord

What type of tenancy dispute was case 4816320?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4816320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10082541-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 52 Ruawai Road, Mount Wellington, Auckland Tenancy Tribunal Case 4816320 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4816320 — net $3,947.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,947.43	Rent arrears
Net award	$3,947.43
Total payable by Tenant to Landlord	$3,947.43

The tenancy of Nancy Vika Langilangi at Unit/Flat 6, 52 Ruawai Road, Mount Wellington, Auckland 1060 is terminated, and possession is granted to Kāinga Ora–Homes And Communities at midday on the 14 March 2024.

Nancy Vika Langilangi must pay Kāinga Ora–Homes And Communities $3,947.43 immediately, calculated as shown in the table below:

Reasons

Ms Perese for the landlord attended. The tenant did not 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.

The tenant stopped paying rent on the 23 October 2023. When the landlord made enquiries as to why the rent was not being paid, they were told by family members that the tenant was overseas visiting family but would be back to New Zealand soon.

On the 5 February the landlord was told by a social worker who had been asked by the tenant’s family to make contact with the landlord, that the tenant was in Australia. The landlord made it clear that if the tenant did not make contact with the landlord by the 12 February 2024 and confirm that she was returning to live in the property then they would apply to the Tribunal for termination for abandonment. Neither the tenant or any representative of the tenant have been in further contact with the landlord.

The landlord has been to the property, and it appears, from the length of lawns etc that no one is living at the property.

Given that the landlord has been told that the tenant is now living in Australia, and the condition of the property I am satisfied that the property is abandoned.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

I note that as the rent is in considerable arrears, and the landlord applied for termination I would have terminated this tenancy for rent arrears, if I had not terminated for abandonment.

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 of 28 days from the 12 February 2024.

Order

Claims and awards in Tenancy Tribunal application 4816320 — net $3,947.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,947.43	Rent arrears
Net award	$3,947.43
Total payable by Tenant to Landlord	$3,947.43

Nancy Vika Langilangi must pay Kāinga Ora–Homes And Communities $3,947.43 immediately, calculated as shown in the table below:

Reasons

Ms Perese for the landlord attended. The tenant did not attend.

The landlord has applied for termination of the tenancy for abandonment and rent arrears.

Should the tenancy be terminated?

The landlord has been to the property, and it appears, from the length of lawns etc that no one is living at the property.

Given that the landlord has been told that the tenant is now living in Australia, and the condition of the property I am satisfied that the property is abandoned.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

I note that as the rent is in considerable arrears, and the landlord applied for termination I would have terminated this tenancy for rent arrears, if I had not terminated for abandonment.

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 of 28 days from the 12 February 2024.

Tenancy Tribunal case 4816320 — Rent arrears at Unit/Flat 6, 52 Ruawai Road, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 4816320 — Rent arrears at Unit/Flat 6, 52 Ruawai Road, Mount Wellington, 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