What was Tenancy Tribunal case 4871521 about?

The tribunal order states: The tenancy of Lagi Talauta at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4871521?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,828.57 awarded to landlord

What type of tenancy dispute was case 4871521?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4871521?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10460082-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4871521 about?

The tribunal order states: The tenancy of Lagi Talauta at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4871521?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,828.57 awarded to landlord

What type of tenancy dispute was case 4871521?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4871521?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10460082-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4871521 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4871521 — net $849.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (up to 14 June 2024	$3,828.57	Rent arrears (up to 14 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$849.01
Total payable by Tenant to Landlord	$849.01

The tenancy of Lagi Talauta at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 3 pm, Friday, 14 June 2024.

The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Lagi Talauta must pay [The landlord/s] $849.01 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (up to 14 June 2024)$3,828.57 Filing fee reimbursement$20.44 Total award$3,849.01 Bond$3,000.00 Total payable by Tenant to Landlord$849.01

Reasons

[The landlord’s representative] for the landlord attended the hearing remotely.

When the Registrar attempted to contact the tenant Ms. Langi Talauta, the following happened a. The Registrar called the phone number listed for Ms. Talauta on the application. b. A woman answered, identifying herself as Ms. Talauta's cousin. She said she was waiting in the car for Ms. Talauta, who was in a shop somewhere but the cousin did not know which shop. c. The cousin asked the Tribunal to call back in 10 minutes. d. After 10 minutes, the Registrar called the same number again. This time it went to voicemail. e. I left a voicemail message for Ms. Talauta stating that I was proceeding with the hearing for termination of her tenancy in her absence since she did not answer the call.

The hearing then proceeded in Ms Talauta’s absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond

The landlord initially applied for termination of the tenancy under section 61 of the Residential Tenancies Act 1986 (“RTA”) because the tenant abandoned the premises on or about 23 May 2024. [The landlord’s representative] submitted: a. She did a routine inspection on May 23rd and that was when she suspected the premises had been abandoned based on the condition of the property. b. On 31 May 2024, someone named Lani emailed her saying "we moved out two weeks ago, take our first, our two week advance to cover for our two weeks rent." c. Based on Lani's email, she stated that the tenants moved out approximately two weeks before 31 May 2024, which would be 17 May 2024.

However, [The landlord’s representative] decided to abandon her termination application based on section 61 RTA and instead pursue her termination application under section 56(2) RTA.

The rent arrears owing would have been the same or similar whether [The landlord’s representative] relied on section 56(2) or section 61(1) RTA.

Accordingly, I allow [The landlord’s representative] to pursue her termination application on section 56(2) RTA.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy, being today (14 June 2024) is $3,828.57. Filing fee

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

Because [The landlord/s] has wholly succeeded in proceedings, I grant the landlord’s name suppression application.

Claims and awards in Tenancy Tribunal application 4871521 — net $849.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (up to 14 June 2024	$3,828.57	Rent arrears (up to 14 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$849.01
Total payable by Tenant to Landlord	$849.01

Order

The tenancy of Lagi Talauta at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 3 pm, Friday, 14 June 2024.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Lagi Talauta must pay [The landlord/s] $849.01 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (up to 14 June 2024)$3,828.57 Filing fee reimbursement$20.44 Total award$3,849.01 Bond$3,000.00 Total payable by Tenant to Landlord$849.01

Reasons

[The landlord’s representative] for the landlord attended the hearing remotely.
When the Registrar attempted to contact the tenant Ms. Langi Talauta, the following happened a. The Registrar called the phone number listed for Ms. Talauta on the application. b. A woman answered, identifying herself as Ms. Talauta's cousin. She said she was waiting in the car for Ms. Talauta, who was in a shop somewhere but the cousin did not know which shop. c. The cousin asked the Tribunal to call back in 10 minutes. d. After 10 minutes, the Registrar called the same number again. This time it went to voicemail. e. I left a voicemail message for Ms. Talauta stating that I was proceeding with the hearing for termination of her tenancy in her absence since she did not answer the call.
The hearing then proceeded in Ms Talauta’s absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond
The landlord initially applied for termination of the tenancy under section 61 of the Residential Tenancies Act 1986 (“RTA”) because the tenant abandoned the premises on or about 23 May 2024. [The landlord’s representative] submitted: a. She did a routine inspection on May 23rd and that was when she suspected the premises had been abandoned based on the condition of the property. b. On 31 May 2024, someone named Lani emailed her saying "we moved out two weeks ago, take our first, our two week advance to cover for our two weeks rent." c. Based on Lani's email, she stated that the tenants moved out approximately two weeks before 31 May 2024, which would be 17 May 2024.
However, [The landlord’s representative] decided to abandon her termination application based on section 61 RTA and instead pursue her termination application under section 56(2) RTA.
The rent arrears owing would have been the same or similar whether [The landlord’s representative] relied on section 56(2) or section 61(1) RTA.
Accordingly, I allow [The landlord’s representative] to pursue her termination application on section 56(2) RTA.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy, being today (14 June 2024) is $3,828.57. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Because [The landlord/s] has wholly succeeded in proceedings, I grant the landlord’s name suppression application.

Tenancy Tribunal case 4871521 — Rent arrears

At a glance

Tenancy Tribunal case 4871521 — Rent arrears

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

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

Frequently asked questions