What was the outcome of Tenancy Tribunal case 4872160?

The tribunal order states: The tenancy of Henry Ben Hohepa Walters at 21B Game Place, Red Hill,

How much money was awarded in case 4872160?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4872160?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4872160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10373364-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4872160?

The tribunal order states: The tenancy of Henry Ben Hohepa Walters at 21B Game Place, Red Hill,

How much money was awarded in case 4872160?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4872160?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4872160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10373364-Tenancy_Tribunal_Order.pdf.

21B Game Place, Red Hill, Papakura 2110 Tenancy Tribunal Case 4872160 — Rent arrears

Order

The tenancy of Henry Ben Hohepa Walters at 21B Game Place, Red Hill, Papakura 2110 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
Henry Ben Hohepa Walters must pay Kāinga Ora–Homes And Communities $7,853.59 immediately, being rent arrears to 3 May 2024.
The Tenancy Tribunal Order made in application #4771558 dated 22 March 2024 is incorporated into this order.

Reasons

Ms Eder attended the teleconference hearing on behalf of the landlord. The phone number for the tenant, the last three digits being 002, was called twice without response. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy for abandonment and rent arrears.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears 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 5 April 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. On 5 April 2024, the landlord had it confirmed that the tenant left New Zealand on 21 March 2024 without a return ticket, and had not returned to New Zealand since. The landlord has conducted a few visits to the property, on 24 April 2024 and on 21 May 2024 and 22 May 2024. The tenant was not present at the property and the property appeared to be abandoned on these visits. The landlord provided inspection reports and photographs of the property. There appears to be rubbish and some damage to the property but the fridge is empty and there do not appear to be many belongings left at the property.
The landlord said further that the tenant’s brother, who had been staying at the property but is no longer doing so, told them the tenant had moved to Perth and did not plan to return.
The landlord said they had no indication from the tenant, or notice, that he intended to leave the tenancy.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

In a periodic tenancy such as this one, the landlord is entitled to rent up to 28 days after the date specified by the Tribunal that the landlord first became aware that the property was abandoned. See section 61(3)(a)(i) Residential Tenancies Act 1986 (“RTA”).
As the landlord first became aware that the property was abandoned on 5 April 2024, they are entitled to rent up to 3 May 2024.
The landlord provided rent records which prove the amount owing to 6 May 2024, which is $8,044.72. Weekly rent is $446.00 so daily rent is $63.71. I deduct 3 days’ rent @ $63.71/day for a sub-total of $191.13, for 4 May 2024 to 6 May 2024. Therefore, the tenant owes the landlord a total of $7,853.59 in rent to 3 May 2024.
The amount ordered includes rent in lieu of notice.
The landlord had filed an earlier application against the tenant, application #4771558, where the Tribunal made an order dated 22 March 2024 for payment of rent arrears. The landlord said this order has not yet been enforced. The Tribunal order dated 22 March 2024 in application #4771558 is incorporated into this order.

Order

The tenancy of Henry Ben Hohepa Walters at 21B Game Place, Red Hill, Papakura 2110 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
Henry Ben Hohepa Walters must pay Kāinga Ora–Homes And Communities $7,853.59 immediately, being rent arrears to 3 May 2024.
The Tenancy Tribunal Order made in application #4771558 dated 22 March 2024 is incorporated into this order.

Reasons

Ms Eder attended the teleconference hearing on behalf of the landlord. The phone number for the tenant, the last three digits being 002, was called twice without response. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy for abandonment and rent arrears.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears 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 5 April 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. On 5 April 2024, the landlord had it confirmed that the tenant left New Zealand on 21 March 2024 without a return ticket, and had not returned to New Zealand since. The landlord has conducted a few visits to the property, on 24 April 2024 and on 21 May 2024 and 22 May 2024. The tenant was not present at the property and the property appeared to be abandoned on these visits. The landlord provided inspection reports and photographs of the property. There appears to be rubbish and some damage to the property but the fridge is empty and there do not appear to be many belongings left at the property.
The landlord said further that the tenant’s brother, who had been staying at the property but is no longer doing so, told them the tenant had moved to Perth and did not plan to return.
The landlord said they had no indication from the tenant, or notice, that he intended to leave the tenancy.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

In a periodic tenancy such as this one, the landlord is entitled to rent up to 28 days after the date specified by the Tribunal that the landlord first became aware that the property was abandoned. See section 61(3)(a)(i) Residential Tenancies Act 1986 (“RTA”).
As the landlord first became aware that the property was abandoned on 5 April 2024, they are entitled to rent up to 3 May 2024.
The landlord provided rent records which prove the amount owing to 6 May 2024, which is $8,044.72. Weekly rent is $446.00 so daily rent is $63.71. I deduct 3 days’ rent @ $63.71/day for a sub-total of $191.13, for 4 May 2024 to 6 May 2024. Therefore, the tenant owes the landlord a total of $7,853.59 in rent to 3 May 2024.
The amount ordered includes rent in lieu of notice.
The landlord had filed an earlier application against the tenant, application #4771558, where the Tribunal made an order dated 22 March 2024 for payment of rent arrears. The landlord said this order has not yet been enforced. The Tribunal order dated 22 March 2024 in application #4771558 is incorporated into this order.

Tenancy Tribunal case 4872160 — Rent arrears at 21B Game Place, Red Hill, Papakura 2110

At a glance

Tenancy Tribunal case 4872160 — Rent arrears at 21B Game Place, Red Hill, Papakura 2110

At a glance

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

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