What was Tenancy Tribunal case 4835226 about?

The tribunal order states: [The landlord/s] is granted possession of the premises at Unit/Flat 1E, 4 St Paul

How much money was awarded in case 4835226?

Cleaning: $408.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,260.00 awarded to landlord

What type of tenancy dispute was case 4835226?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4835226?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10352112-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4835226 about?

The tribunal order states: [The landlord/s] is granted possession of the premises at Unit/Flat 1E, 4 St Paul

How much money was awarded in case 4835226?

Cleaning: $408.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,260.00 awarded to landlord

What type of tenancy dispute was case 4835226?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4835226?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10352112-Tribunal_Order_Redacted.pdf.

Unit/Flat 1E, 4 St Paul Street, Auckland Central, Auckland Tenancy Tribunal Case 4835226 — Rent arrears

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Unit/Flat 1E, 4 St Paul Street, Auckland Central, Auckland Tenancy Tribunal Case 4835226 — 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 4835226 — net $1,928.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 16 April 2024	$3,260.00	Rent arrears as of 16 April 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$408.25	Cleaning
Net award	$1,928.69
Total payable by Tenant to Landlord	$1,928.69

Claims and awards for application 4835226 — net $1,928.69 NZD. Verify on MoJ.

Rent arrears as of 16 April 2024

Amount: $3,260.00
Awarded to: Landlord
Reason: Rent arrears as of 16 April 2024

Filing fee reimbursement

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

Cleaning

Amount: $408.25
Awarded to: Landlord
Reason: Cleaning

Net award

Landlord $1,928.69

Total payable by Tenant to Landlord

Landlord $1,928.69

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

[The landlord/s] is granted possession of the premises at Unit/Flat 1E, 4 St Paul Street, Auckland Central, Auckland 1010 immediately.
Leroy Tawanda Lucas must pay [The landlord/s] $1,928.69 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears as of 16 April 2024$3,260.00 Filing fee reimbursement$20.44 Cleaning$408.25 Total award$3,688.69 Minus Bond-$1,760.00 Total payable by Tenant to Landlord$1,928.69
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them if they are not collected from the landlord by 5.00pm on 25 May 2024.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit if the property has not been collected from the landlord by 5.00pm 25 May 2024.
The Bond Centre is to pay the bond of $1,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for possession of the premises following the abandonment of the tenancy.
The tenancy ends on (16 April 2024) as a result of this Tribunal order, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
The tenant left the property in February 2024 without notice to the landlord. The Tribunal is aware of the circumstances that lead the tenant to vacate the property without notice.
The tenant is not able to return to the property in the foreseeable future. The property is for sale and this process has not been able to progress given that the tenancy has had not been terminated and the tenant’s property is still at the apartment.
In the circumstances the landlord is granted immediate possession of the property.
The landlord has applied for immediate possession due to the tenant abandoning the property, rent arrears, cleaning 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 23 February 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises as stated in paragraph 4 and 5 of this order.
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 of $3260.00 owing at the end of the tenancy on 16 th April 2024. The amount ordered includes rent in lieu of notice.
I am satisfied that the landlord has proven their claim for rent arrears.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has provided the Tribunal with a final inspection report dated 21 March 2024 which shows the property is not reasonable clean and tidy and that the tenant has left his property in the premises.
The landlord provided an invoice for $408.25 for cleaning, dated 28 March 2024 from Frontier Cleaning.
I am satisfied that the landlord has proven their claim for the cleaning costs. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.
The landlord has been in contact with friends and family members of the tenant to collect the tenant’s possessions from the property.
The tenant has until 5.00pm on 25 May 2024, or an authorised person on behalf of the tenant, to collect the property. If they do not do so after 5.00pm on 25 May 2024 the landlord may dispose of the property.
The landlord should take the tenants personal documents to the nearest police station and obtain a receipt for them.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting, and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Bond/Suppression/Filing fee
The bond is to be refunded to the Landlord by the bond centre to offset the debt owed to the landlord by the tenant.
The landlord has sought suppression of their name and details. As the landlord has been successful with their claim, I am granting suppression.
Because the landlord has been successful in their application, I must reimburse their 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 4835226 — net $1,928.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 16 April 2024	$3,260.00	Rent arrears as of 16 April 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$408.25	Cleaning
Net award	$1,928.69
Total payable by Tenant to Landlord	$1,928.69

Claims and awards for application 4835226 — net $1,928.69 NZD. Verify on MoJ.

Rent arrears as of 16 April 2024

Amount: $3,260.00
Awarded to: Landlord
Reason: Rent arrears as of 16 April 2024

Filing fee reimbursement

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

Cleaning

Amount: $408.25
Awarded to: Landlord
Reason: Cleaning

Net award

Landlord $1,928.69

Total payable by Tenant to Landlord

Landlord $1,928.69

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

[The landlord/s] is granted possession of the premises at Unit/Flat 1E, 4 St Paul Street, Auckland Central, Auckland 1010 immediately.
Leroy Tawanda Lucas must pay [The landlord/s] $1,928.69 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears as of 16 April 2024$3,260.00 Filing fee reimbursement$20.44 Cleaning$408.25 Total award$3,688.69 Minus Bond-$1,760.00 Total payable by Tenant to Landlord$1,928.69
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them if they are not collected from the landlord by 5.00pm on 25 May 2024.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit if the property has not been collected from the landlord by 5.00pm 25 May 2024.
The Bond Centre is to pay the bond of $1,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for possession of the premises following the abandonment of the tenancy.
The tenancy ends on (16 April 2024) as a result of this Tribunal order, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
The tenant left the property in February 2024 without notice to the landlord. The Tribunal is aware of the circumstances that lead the tenant to vacate the property without notice.
The tenant is not able to return to the property in the foreseeable future. The property is for sale and this process has not been able to progress given that the tenancy has had not been terminated and the tenant’s property is still at the apartment.
In the circumstances the landlord is granted immediate possession of the property.
The landlord has applied for immediate possession due to the tenant abandoning the property, rent arrears, cleaning 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 23 February 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises as stated in paragraph 4 and 5 of this order.
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 of $3260.00 owing at the end of the tenancy on 16 th April 2024. The amount ordered includes rent in lieu of notice.
I am satisfied that the landlord has proven their claim for rent arrears.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has provided the Tribunal with a final inspection report dated 21 March 2024 which shows the property is not reasonable clean and tidy and that the tenant has left his property in the premises.
The landlord provided an invoice for $408.25 for cleaning, dated 28 March 2024 from Frontier Cleaning.
I am satisfied that the landlord has proven their claim for the cleaning costs. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.
The landlord has been in contact with friends and family members of the tenant to collect the tenant’s possessions from the property.
The tenant has until 5.00pm on 25 May 2024, or an authorised person on behalf of the tenant, to collect the property. If they do not do so after 5.00pm on 25 May 2024 the landlord may dispose of the property.
The landlord should take the tenants personal documents to the nearest police station and obtain a receipt for them.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting, and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Bond/Suppression/Filing fee
The bond is to be refunded to the Landlord by the bond centre to offset the debt owed to the landlord by the tenant.
The landlord has sought suppression of their name and details. As the landlord has been successful with their claim, I am granting suppression.
Because the landlord has been successful in their application, I must reimburse their filing fee.

Tenancy Tribunal case 4835226 — Rent arrears at Unit/Flat 1E, 4 St Paul Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4835226 — Rent arrears at Unit/Flat 1E, 4 St Paul Street, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Did the tenant comply with their obligations at the end of the tenancy?

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?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions