What was the outcome of Tenancy Tribunal case 4822237?

The tribunal order states: The tenancy of John Mutua at 61B Palmers Road, Clendon Park, Auckland

How much money was awarded in case 4822237?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,572.44 awarded to landlord

What type of tenancy dispute was case 4822237?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4822237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10105080-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4822237?

The tribunal order states: The tenancy of John Mutua at 61B Palmers Road, Clendon Park, Auckland

How much money was awarded in case 4822237?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,572.44 awarded to landlord

What type of tenancy dispute was case 4822237?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4822237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10105080-Tenancy_Tribunal_Order.pdf.

61B Palmers Road, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4822237 — Rent arrears

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61B Palmers Road, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4822237 — 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 4822237 — net $1,512.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/03/2024	$3,572.44	Rent arrears to 19/03/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,512.88
Total payable by Tenant to Landlord	$1,512.88

Claims and awards for application 4822237 — net $1,512.88 NZD. Verify on MoJ.

Rent arrears to 19/03/2024

Amount: $3,572.44
Awarded to: Landlord
Reason: Rent arrears to 19/03/2024

Filing fee reimbursement

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

Net award

Landlord $1,512.88

Total payable by Tenant to Landlord

Landlord $1,512.88

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of John Mutua at 61B Palmers Road, Clendon Park, Auckland 2103 is terminated, and possession is granted to Barfoot & Thompson Limited, immediately as at 11.59pm on Tuesday 19 March 2024.
John Mutua must pay Barfoot & Thompson Limited $1,512.88 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,080.00 (3704545004) to Barfoot & Thompson Limited immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not attend. The tenant was contacted twice on the contact number provided but without success. The absence of a party does not prevent the hearing from proceeding. I am satisfied there has been adequate notice of the hearing and proceeded with the hearing 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 5 February 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
The landlord was advised by Work and Income that the tenant had cancelled his re-direction of rent. The landlord conducted an inspection on 26 February 2024 after being unable to contact the tenant via mail, telephone, email, or text.
Photographs and a report from the inspection show no sign of the tenant, the property is in disarray, mouldy food on the bench, the sink was full of dirty water, old bedding and clothing as well as rubbish were scattered throughout the house.
The premises were unsecured, the lawns are very long, and the power has been disconnected.
As the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing. The amount ordered includes rent in lieu of notice.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

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 4822237 — net $1,512.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/03/2024	$3,572.44	Rent arrears to 19/03/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,512.88
Total payable by Tenant to Landlord	$1,512.88

Claims and awards for application 4822237 — net $1,512.88 NZD. Verify on MoJ.

Rent arrears to 19/03/2024

Amount: $3,572.44
Awarded to: Landlord
Reason: Rent arrears to 19/03/2024

Filing fee reimbursement

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

Net award

Landlord $1,512.88

Total payable by Tenant to Landlord

Landlord $1,512.88

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of John Mutua at 61B Palmers Road, Clendon Park, Auckland 2103 is terminated, and possession is granted to Barfoot & Thompson Limited, immediately as at 11.59pm on Tuesday 19 March 2024.
John Mutua must pay Barfoot & Thompson Limited $1,512.88 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,080.00 (3704545004) to Barfoot & Thompson Limited immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not attend. The tenant was contacted twice on the contact number provided but without success. The absence of a party does not prevent the hearing from proceeding. I am satisfied there has been adequate notice of the hearing and proceeded with the hearing 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 5 February 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
The landlord was advised by Work and Income that the tenant had cancelled his re-direction of rent. The landlord conducted an inspection on 26 February 2024 after being unable to contact the tenant via mail, telephone, email, or text.
Photographs and a report from the inspection show no sign of the tenant, the property is in disarray, mouldy food on the bench, the sink was full of dirty water, old bedding and clothing as well as rubbish were scattered throughout the house.
The premises were unsecured, the lawns are very long, and the power has been disconnected.
As the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing. The amount ordered includes rent in lieu of notice.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4822237 — Rent arrears at 61B Palmers Road, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 4822237 — Rent arrears at 61B Palmers Road, Clendon Park, Auckland 2103

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

Property management

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

Property management

Frequently asked questions