What was Tenancy Tribunal case 4881320 about?

The tribunal order states: The tenancy of Lavita Toi at [Tenancy address suppressed] is terminated, and

How much money was awarded in case 4881320?

Cleaning: $161.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,314.28 awarded to landlord

What type of tenancy dispute was case 4881320?

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

Where can I read the official tribunal order for case 4881320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10378532-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4881320 about?

The tribunal order states: The tenancy of Lavita Toi at [Tenancy address suppressed] is terminated, and

How much money was awarded in case 4881320?

Cleaning: $161.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,314.28 awarded to landlord

What type of tenancy dispute was case 4881320?

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

Where can I read the official tribunal order for case 4881320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10378532-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4881320 — Rent arrears

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New Zealand Tenancy Tribunal Case 4881320 — 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 4881320 — net $1,495.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 24 May 2024	$1,314.28	Rent arrears (to 24 May 2024
Cleaning: (neighbouring unit after friend broke in	$161.00	Cleaning: (neighbouring unit after friend broke in
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,495.72
Bond	$1,495.72
Total payable by Tenant to Landlord	$1,495.72

Claims and awards for application 4881320 — net $1,495.72 NZD. Verify on MoJ.

Rent arrears (to 24 May 2024

Amount: $1,314.28
Awarded to: Landlord
Reason: Rent arrears (to 24 May 2024

Cleaning: (neighbouring unit after friend broke in

Amount: $161.00
Awarded to: Landlord
Reason: Cleaning: (neighbouring unit after friend broke in

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,495.72

Bond

Landlord $1,495.72

Total payable by Tenant to Landlord

Landlord $1,495.72

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

The tenancy of Lavita Toi at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord], at 11:59pm on Friday 24 May 2024.
Lavita Toi owes [The landlord] $1,495.72 which is to be paid from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,495.72 ([Bond number suppressed]) to [The landlord] immediately and retain the remaining $104.28 in the Bond Centre until the landlord’s vacated arrears claim is heard.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and partial refund of the bond and reimbursement of the filing fee.

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 6 May 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord gave evidence the tenant has been in hospital and was going from hospital to a rest home. The tenant has given permission for her doctor to release her medical records to the landlord to prove that she is medically unfit to continue with the tenancy and requires rest home level care. The tenant’s sister has also confirmed the tenant is no longer living at the premises but did not have enduring power of attorney to give formal notice for the tenant.
The landlord has recently entered the premises for the purposes of carrying out a property inspection and found the premise abandoned and there being no evidence of the tenant still living at the premises.
Because the premises have been abandoned, and rent is in arrears, 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 does not include rent in lieu of notice. The tenancy is for a fixed term commencing on 18 September 2023 and ending on 23 August 2024. The tenant will be liable for rent up to the date a new tenant moves into the premises.
A friend of the tenant’s, while visiting her, broke into a adjacent vacant unit and left it unclean and requiring cleaning to get it back to a reasonably clean and tidy state. The landlord confirmed the friend was at the property with the tenant’s permission and the tenant was aware of her friend breaking and entering and causing damage in the unit. The landlord also confirmed the tenant had accepted liability for the resulting cleaning costs but had not paid the invoice issued to her. That debt of $161.00 remains outstanding. Reimbursement of filing fee
Because [The applicant] has wholly succeeded with the claim I must reimburse the filing fee.

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 4881320 — net $1,495.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 24 May 2024	$1,314.28	Rent arrears (to 24 May 2024
Cleaning: (neighbouring unit after friend broke in	$161.00	Cleaning: (neighbouring unit after friend broke in
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,495.72
Bond	$1,495.72
Total payable by Tenant to Landlord	$1,495.72

Claims and awards for application 4881320 — net $1,495.72 NZD. Verify on MoJ.

Rent arrears (to 24 May 2024

Amount: $1,314.28
Awarded to: Landlord
Reason: Rent arrears (to 24 May 2024

Cleaning: (neighbouring unit after friend broke in

Amount: $161.00
Awarded to: Landlord
Reason: Cleaning: (neighbouring unit after friend broke in

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,495.72

Bond

Landlord $1,495.72

Total payable by Tenant to Landlord

Landlord $1,495.72

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

The tenancy of Lavita Toi at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord], at 11:59pm on Friday 24 May 2024.
Lavita Toi owes [The landlord] $1,495.72 which is to be paid from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,495.72 ([Bond number suppressed]) to [The landlord] immediately and retain the remaining $104.28 in the Bond Centre until the landlord’s vacated arrears claim is heard.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and partial refund of the bond and reimbursement of the filing fee.

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 6 May 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord gave evidence the tenant has been in hospital and was going from hospital to a rest home. The tenant has given permission for her doctor to release her medical records to the landlord to prove that she is medically unfit to continue with the tenancy and requires rest home level care. The tenant’s sister has also confirmed the tenant is no longer living at the premises but did not have enduring power of attorney to give formal notice for the tenant.
The landlord has recently entered the premises for the purposes of carrying out a property inspection and found the premise abandoned and there being no evidence of the tenant still living at the premises.
Because the premises have been abandoned, and rent is in arrears, 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 does not include rent in lieu of notice. The tenancy is for a fixed term commencing on 18 September 2023 and ending on 23 August 2024. The tenant will be liable for rent up to the date a new tenant moves into the premises.
A friend of the tenant’s, while visiting her, broke into a adjacent vacant unit and left it unclean and requiring cleaning to get it back to a reasonably clean and tidy state. The landlord confirmed the friend was at the property with the tenant’s permission and the tenant was aware of her friend breaking and entering and causing damage in the unit. The landlord also confirmed the tenant had accepted liability for the resulting cleaning costs but had not paid the invoice issued to her. That debt of $161.00 remains outstanding. Reimbursement of filing fee
Because [The applicant] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4881320 — Rent arrears

At a glance

Tenancy Tribunal case 4881320 — 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