What was Tenancy Tribunal case 4844204 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4844204?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4844204?

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

Where can I read the official tribunal order for case 4844204?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10542720-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4844204 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4844204?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4844204?

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

Where can I read the official tribunal order for case 4844204?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10542720-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4844204 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The application cannot proceed until notice of the claim is served on the tenant. The landlord can request that Tenancy Services serve notice on the tenant, if the landlord provides a current address for the tenant. The landlord may request substituted service if the landlord is able to provide a confirmed alternative contact, such as an email address.

Reasons

The landlords’ application seeks rent arrears, cleaning, rubbish removal, and repair costs. The total claim is approximately $20,000.00. The application was filed on 22 March 2024.
A Tenancy Tribunal hearing took place by phone on 17 June 2023.
The tenancy began on 29 August 2020.
[The landlord/s] said that the tenant fell into arrears occasionally during the tenancy, but she communicated well, and she always caught up in the arrears.
The rent payments stopped completely in May 2023.
In late July 2023, the landlord found out (by a neighbour contacting a friend of the landlord) that the premises appeared to be abandoned.
[The landlord/s] travelled to [Event location suppressed] in late July. The premises were unlocked. The tenant had left the key on the kitchen bench. There was damage to the premises. There was rubbish and personal belongings left behind.
[The landlord/s] was able to contact the tenant who said that she had separated from her husband, and she did not intend to return to the property. She told [The landlord/s]to dispose of everything left behind.
Substantial repair work was carried out in August and September 2023.
The 17 June hearing only addressed the question of service. [The landlord/s] participated in the hearing. I was unable to contact the tenant on the phone number provided.
If a Tenancy Tribunal application is filed more than two months after the end of the tenancy, any notice or document relating to the application must be served on the tenant 1 : a. Personally; or b. By posting them to a contact address that the tenant provided within the two months before the application was filed; or c. By delivering them to the place where the tenant now lives and giving them to any person who appears to be aged 16 years or older; or d. By giving them to any solicitor or other agent of the tenant.
The application documents and notice of the hearing were not served on the tenant by any of these means.
There is a question to answer as to when this tenancy ended. Neither the landlord nor the tenant gave notice to terminate the tenancy. The Tribunal has not made an order terminating the tenancy.
My finding is that the tenancy ended in late July/early August. Ms Reihana- Evans abandoned the premises and left the key behind. She told [The landlord/s] that she did not intend to return and that [The landlord/s] could dispose of her remaining belongings.
On that basis, [The landlord/s] took action that would be inconsistent with any possibility that this was a continuing tenancy, including having substantial repair work done on the premises. 1 Section 91A(2) Residential Tenancies Act 1986 (“RTA”)
Therefore I am satisfied that this application was filed more than two months after the end of the tenancy. The application and notice has not been served on the tenant.
The Tenancy Tribunal has the power to direct an alternative means to serve documents on the tenant, or to waive the requirement for service entirely 2 .
[The landlord/s] does not know Ms Reihana-Evans’ whereabouts. Ms Reihana- Evans has not responded to phone calls or to emails.
Given the size of the claim, it is not appropriate to waive the requirement for service.
The hearing cannot proceed until service is effected.
If [The landlord/s] obtains a current address for the tenant, she may provide that address to Tenancy Services and request personal service on the tenant.
If [The landlord/s] receives communication from the tenant by email or some other means, she may request an order for substituted service.
Until service is effected, the application cannot proceed.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The application cannot proceed until notice of the claim is served on the tenant. The landlord can request that Tenancy Services serve notice on the tenant, if the landlord provides a current address for the tenant. The landlord may request substituted service if the landlord is able to provide a confirmed alternative contact, such as an email address.

Reasons

The landlords’ application seeks rent arrears, cleaning, rubbish removal, and repair costs. The total claim is approximately $20,000.00. The application was filed on 22 March 2024.
A Tenancy Tribunal hearing took place by phone on 17 June 2023.
The tenancy began on 29 August 2020.
[The landlord/s] said that the tenant fell into arrears occasionally during the tenancy, but she communicated well, and she always caught up in the arrears.
The rent payments stopped completely in May 2023.
In late July 2023, the landlord found out (by a neighbour contacting a friend of the landlord) that the premises appeared to be abandoned.
[The landlord/s] travelled to [Event location suppressed] in late July. The premises were unlocked. The tenant had left the key on the kitchen bench. There was damage to the premises. There was rubbish and personal belongings left behind.
[The landlord/s] was able to contact the tenant who said that she had separated from her husband, and she did not intend to return to the property. She told [The landlord/s]to dispose of everything left behind.
Substantial repair work was carried out in August and September 2023.
The 17 June hearing only addressed the question of service. [The landlord/s] participated in the hearing. I was unable to contact the tenant on the phone number provided.
If a Tenancy Tribunal application is filed more than two months after the end of the tenancy, any notice or document relating to the application must be served on the tenant 1 : a. Personally; or b. By posting them to a contact address that the tenant provided within the two months before the application was filed; or c. By delivering them to the place where the tenant now lives and giving them to any person who appears to be aged 16 years or older; or d. By giving them to any solicitor or other agent of the tenant.
The application documents and notice of the hearing were not served on the tenant by any of these means.
There is a question to answer as to when this tenancy ended. Neither the landlord nor the tenant gave notice to terminate the tenancy. The Tribunal has not made an order terminating the tenancy.
My finding is that the tenancy ended in late July/early August. Ms Reihana- Evans abandoned the premises and left the key behind. She told [The landlord/s] that she did not intend to return and that [The landlord/s] could dispose of her remaining belongings.
On that basis, [The landlord/s] took action that would be inconsistent with any possibility that this was a continuing tenancy, including having substantial repair work done on the premises. 1 Section 91A(2) Residential Tenancies Act 1986 (“RTA”)
Therefore I am satisfied that this application was filed more than two months after the end of the tenancy. The application and notice has not been served on the tenant.
The Tenancy Tribunal has the power to direct an alternative means to serve documents on the tenant, or to waive the requirement for service entirely 2 .
[The landlord/s] does not know Ms Reihana-Evans’ whereabouts. Ms Reihana- Evans has not responded to phone calls or to emails.
Given the size of the claim, it is not appropriate to waive the requirement for service.
The hearing cannot proceed until service is effected.
If [The landlord/s] obtains a current address for the tenant, she may provide that address to Tenancy Services and request personal service on the tenant.
If [The landlord/s] receives communication from the tenant by email or some other means, she may request an order for substituted service.
Until service is effected, the application cannot proceed.

Tenancy Tribunal case 4844204 — Rent arrears

At a glance

Tenancy Tribunal case 4844204 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions