What was the outcome of Tenancy Tribunal case 4871621?

The tribunal order states: The tenancy of Scotty Paul Marino at 22B Taraire Street, Kaikohe, Kaikohe

How much money was awarded in case 4871621?

Previous Order Application 4812197 D…: $13,090.00 awarded to landlord; Rent Arrears: $2,073.43 awarded to landlord

What type of tenancy dispute was case 4871621?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4871621?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10376949-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4871621?

The tribunal order states: The tenancy of Scotty Paul Marino at 22B Taraire Street, Kaikohe, Kaikohe

How much money was awarded in case 4871621?

Previous Order Application 4812197 D…: $13,090.00 awarded to landlord; Rent Arrears: $2,073.43 awarded to landlord

What type of tenancy dispute was case 4871621?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4871621?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10376949-Tenancy_Tribunal_Order.pdf.

22B Taraire Street, Kaikohe, Kaikohe 0405 Tenancy Tribunal Case 4871621 — Rent arrears

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22B Taraire Street, Kaikohe, Kaikohe 0405 Tenancy Tribunal Case 4871621 — 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 4871621 — net $15,163.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 May 2024	$2,073.43	Rent arrears to 30 May 2024
Previous order application 4812197 dated 19/04/2024	$13,090.00	Previous order application 4812197 dated 19/04/2024
Net award	$15,163.43
Total payable by Tenant to Landlord	$15,163.43

Claims and awards for application 4871621 — net $15,163.43 NZD. Verify on MoJ.

Rent arrears to 30 May 2024

Amount: $2,073.43
Awarded to: Landlord
Reason: Rent arrears to 30 May 2024

Previous order application 4812197 dated 19/04/2024

Amount: $13,090.00
Awarded to: Landlord
Reason: Previous order application 4812197 dated 19/04/2024

Net award

Landlord $15,163.43

Total payable by Tenant to Landlord

Landlord $15,163.43

Claim types — money lines allowed on this order

Rent arrears

Order

The tenancy of Scotty Paul Marino at 22B Taraire Street, Kaikohe, Kaikohe 0405 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
Scotty Paul Marino must pay Kāinga Ora–Homes And Communities $15,163.43 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 19 April 2024 under application 4812197.

Reasons

The hearing was held by telephone. Susan Rea, representing the landlord attended the hearing. The tenant was called twice at the start on the hearing on the cellphone number stated in the application. Neither call was answered.
The landlord has applied for termination of the tenancy for abandonment, rent arrears 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 (RTA). 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.
Uri, Housing Support Manager for this tenancy, had been to the property in October and December 2023. The tenant was still living in the property on those dates. Uri went again to the property on 19 April 2024, to talk to the tenant about rent arrears. The tenant was not there and the grass was long, but Uri could see furniture was still in the property. He had no reason to think the tenant had abandoned on that day. He spoke to a neighbour who had not seen the tenant for a while. The neighbour confirmed that the tenant often left the property for periods of time before returning.
A 14 day notice, under s56, RTA, was left open the door of the property requiring the tenant to live at the premises. A couple of days after the notice was left on the door Uri returned to the property. The notice had been removed from the door, the lawns were still long, and it appeared no one was living at the premises. A notice to inspect was given to the tenant and, in keeping with the notice, Uri entered the premises on 2 May 2024. Uri’s evidence is that it was clear that no one was living in the premises on that date.
From the landlord’s evidence I find that on 2 May 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
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. The amount ordered includes 28 days rent in lieu of notice.
On 19 April 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 19 April 2024. The previous order is incorporated into this order for enforcement purposes.

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 4871621 — net $15,163.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 May 2024	$2,073.43	Rent arrears to 30 May 2024
Previous order application 4812197 dated 19/04/2024	$13,090.00	Previous order application 4812197 dated 19/04/2024
Net award	$15,163.43
Total payable by Tenant to Landlord	$15,163.43

Claims and awards for application 4871621 — net $15,163.43 NZD. Verify on MoJ.

Rent arrears to 30 May 2024

Amount: $2,073.43
Awarded to: Landlord
Reason: Rent arrears to 30 May 2024

Previous order application 4812197 dated 19/04/2024

Amount: $13,090.00
Awarded to: Landlord
Reason: Previous order application 4812197 dated 19/04/2024

Net award

Landlord $15,163.43

Total payable by Tenant to Landlord

Landlord $15,163.43

Claim types — money lines allowed on this order

Rent arrears

Order

The tenancy of Scotty Paul Marino at 22B Taraire Street, Kaikohe, Kaikohe 0405 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
Scotty Paul Marino must pay Kāinga Ora–Homes And Communities $15,163.43 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 19 April 2024 under application 4812197.

Reasons

The hearing was held by telephone. Susan Rea, representing the landlord attended the hearing. The tenant was called twice at the start on the hearing on the cellphone number stated in the application. Neither call was answered.
The landlord has applied for termination of the tenancy for abandonment, rent arrears 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 (RTA). 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.
Uri, Housing Support Manager for this tenancy, had been to the property in October and December 2023. The tenant was still living in the property on those dates. Uri went again to the property on 19 April 2024, to talk to the tenant about rent arrears. The tenant was not there and the grass was long, but Uri could see furniture was still in the property. He had no reason to think the tenant had abandoned on that day. He spoke to a neighbour who had not seen the tenant for a while. The neighbour confirmed that the tenant often left the property for periods of time before returning.
A 14 day notice, under s56, RTA, was left open the door of the property requiring the tenant to live at the premises. A couple of days after the notice was left on the door Uri returned to the property. The notice had been removed from the door, the lawns were still long, and it appeared no one was living at the premises. A notice to inspect was given to the tenant and, in keeping with the notice, Uri entered the premises on 2 May 2024. Uri’s evidence is that it was clear that no one was living in the premises on that date.
From the landlord’s evidence I find that on 2 May 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
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. The amount ordered includes 28 days rent in lieu of notice.
On 19 April 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 19 April 2024. The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 4871621 — Rent arrears at 22B Taraire Street, Kaikohe, Kaikohe 0405

At a glance

Tenancy Tribunal case 4871621 — Rent arrears at 22B Taraire Street, Kaikohe, Kaikohe 0405

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