What was the outcome of Tenancy Tribunal case 4832320?

The tribunal order states: The tenancy of Sione Langimaa Niutei at 16 Loughinisland Place, Weymouth,

How much money was awarded in case 4832320?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,550.00 awarded to landlord

What type of tenancy dispute was case 4832320?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4832320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10246957-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4832320?

The tribunal order states: The tenancy of Sione Langimaa Niutei at 16 Loughinisland Place, Weymouth,

How much money was awarded in case 4832320?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,550.00 awarded to landlord

What type of tenancy dispute was case 4832320?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4832320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10246957-Tribunal_Order.pdf.

16 Loughinisland Place, Weymouth, Auckland 2103 Tenancy Tribunal Case 4832320 — Rent arrears

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16 Loughinisland Place, Weymouth, Auckland 2103 Tenancy Tribunal Case 4832320 — 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 4832320 — net $4,570.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 March 2024	$7,550.00	Rent arrears to 15 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,570.44
Total payable by Tenant to Landlord	$4,570.44

Claims and awards for application 4832320 — net $4,570.44 NZD. Verify on MoJ.

Rent arrears to 15 March 2024

Amount: $7,550.00
Awarded to: Landlord
Reason: Rent arrears to 15 March 2024

Filing fee reimbursement

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

Net award

Landlord $4,570.44

Total payable by Tenant to Landlord

Landlord $4,570.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Sione Langimaa Niutei at 16 Loughinisland Place, Weymouth, Auckland 2103 is terminated, and possession is granted to Kawach Property Management and Maintenance Limited, immediately.
The Bond Centre is to pay the bond of $3,000.00 (5031376-006) to Kawach Property Management and Maintenance Limited immediately.
Sione Langimaa Niutei must pay Kawach Property Management and Maintenance Limited $4,570.44 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 15 March 2024$7,550.00 Filing fee reimbursement$20.44 Total award$7,570.44 Minus Bond$3,000.00 Total payable by Tenant to Landlord$4,570.44

Reasons

The applicant landlord attended the hearing which took place by teleconference. The tenant was called on three numbers provided but the calls either were not answered or went to answerphone. The file records that the tenant was sent notice of today’s hearing, therefore, the hearing proceeded in the tenant’s absence.
The landlord applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986. The application was put on notice on 2 April 2024 as further evidence was required.
The landlord today seeks termination of the tenancy for abandonment, rent arrears, refund of the bond and reimbursement of the filing fee.

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 Saturday 17 February 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord stated that the tenant hadn’t paid rent for some time and he went to the premises and discovered that they were empty. He left the property and returned on Monday 19 February 2024 to confirm the tenant was no longer living in the premises and took photographs.
The landlord provided a copy of the photographs taken confirming that the premises are vacant.
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 up to 15 March 2024. The amount ordered includes rent in lieu of notice.
It is appropriate that the bond is refunded to the landlord to reduce the tenant debt. Filing fee
Because Kawach Property Management and Maintenance Limited has wholly succeeded with the claim I must 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 4832320 — net $4,570.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 March 2024	$7,550.00	Rent arrears to 15 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,570.44
Total payable by Tenant to Landlord	$4,570.44

Claims and awards for application 4832320 — net $4,570.44 NZD. Verify on MoJ.

Rent arrears to 15 March 2024

Amount: $7,550.00
Awarded to: Landlord
Reason: Rent arrears to 15 March 2024

Filing fee reimbursement

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

Net award

Landlord $4,570.44

Total payable by Tenant to Landlord

Landlord $4,570.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Sione Langimaa Niutei at 16 Loughinisland Place, Weymouth, Auckland 2103 is terminated, and possession is granted to Kawach Property Management and Maintenance Limited, immediately.
The Bond Centre is to pay the bond of $3,000.00 (5031376-006) to Kawach Property Management and Maintenance Limited immediately.
Sione Langimaa Niutei must pay Kawach Property Management and Maintenance Limited $4,570.44 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 15 March 2024$7,550.00 Filing fee reimbursement$20.44 Total award$7,570.44 Minus Bond$3,000.00 Total payable by Tenant to Landlord$4,570.44

Reasons

The applicant landlord attended the hearing which took place by teleconference. The tenant was called on three numbers provided but the calls either were not answered or went to answerphone. The file records that the tenant was sent notice of today’s hearing, therefore, the hearing proceeded in the tenant’s absence.
The landlord applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986. The application was put on notice on 2 April 2024 as further evidence was required.
The landlord today seeks termination of the tenancy for abandonment, rent arrears, refund of the bond and reimbursement of the filing fee.

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 Saturday 17 February 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord stated that the tenant hadn’t paid rent for some time and he went to the premises and discovered that they were empty. He left the property and returned on Monday 19 February 2024 to confirm the tenant was no longer living in the premises and took photographs.
The landlord provided a copy of the photographs taken confirming that the premises are vacant.
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 up to 15 March 2024. The amount ordered includes rent in lieu of notice.
It is appropriate that the bond is refunded to the landlord to reduce the tenant debt. Filing fee
Because Kawach Property Management and Maintenance Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4832320 — Rent arrears at 16 Loughinisland Place, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 4832320 — Rent arrears at 16 Loughinisland Place, Weymouth, 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