What was the outcome of Tenancy Tribunal case 4862237?

The tribunal order states: The tenancy of Fernando Opazo at 76 Addison Street, Leamington, Cambridge

How much money was awarded in case 4862237?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,350.00 awarded to landlord

What type of tenancy dispute was case 4862237?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4862237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10570462-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4862237?

The tribunal order states: The tenancy of Fernando Opazo at 76 Addison Street, Leamington, Cambridge

How much money was awarded in case 4862237?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,350.00 awarded to landlord

What type of tenancy dispute was case 4862237?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4862237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10570462-Tenancy_Tribunal_Order.pdf.

76 Addison Street, Leamington, Cambridge 3432 Tenancy Tribunal Case 4862237 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4862237 — net $1,530.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,350.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,530.44
Total payable by Tenant to Landlord	$1,530.44

The tenancy of Fernando Opazo at 76 Addison Street, Leamington, Cambridge 3432 is terminated, and possession is granted to Online Rentals Limited T/A Ray White Hamilton As Agent For Andrew Santner, at 4pm Thursday 11 July 2024.

The Bond Centre is to pay the bond of $2,840.00 (5217585-006) to Online Rentals Limited T/A Ray White Hamilton As Agent For Andrew Santner immediately.

Fernando Opazo must pay Online Rentals Limited T/A Ray White Hamilton As Agent For Andrew Santner $1,530.44 immediately, calculated as shown in the table below.

Online Rentals Limited T/A Ray White Hamilton As Agent For Andrew Santner 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.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing by remote teleconference. There was no attendance by the tenant. An attempt to contact the tenant on the telephone number provided was unsuccessful.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond and a disposal order.

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 22 June 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant emailed the landlord advising that he had moved back home overseas and was unlikely to return to New Zealand.

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 at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt.

The amount ordered is proved. Disposal Order:

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.

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.

Because Online Rentals Limited T/A Ray White Hamilton As Agent For Andrew Santner has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4862237 — net $1,530.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,350.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,530.44
Total payable by Tenant to Landlord	$1,530.44

The Bond Centre is to pay the bond of $2,840.00 (5217585-006) to Online Rentals Limited T/A Ray White Hamilton As Agent For Andrew Santner immediately.

Fernando Opazo must pay Online Rentals Limited T/A Ray White Hamilton As Agent For Andrew Santner $1,530.44 immediately, calculated as shown in the table below.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing by remote teleconference. There was no attendance by the tenant. An attempt to contact the tenant on the telephone number provided was unsuccessful.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, refund of the bond and a disposal order.

Should the tenancy be terminated?

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 at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the tenant is responsible for this debt.

The amount ordered is proved. Disposal Order:

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.

Because Online Rentals Limited T/A Ray White Hamilton As Agent For Andrew Santner has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4862237 — Rent arrears at 76 Addison Street, Leamington, Cambridge 3432

At a glance

Tenancy Tribunal case 4862237 — Rent arrears at 76 Addison Street, Leamington, Cambridge 3432

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