How much money was awarded in case 4897861?

Rent Arrears: $383.14 awarded to landlord

What type of tenancy dispute was case 4897861?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4897861?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10443757-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4897861?

Rent Arrears: $383.14 awarded to landlord

What type of tenancy dispute was case 4897861?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4897861?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10443757-Tenancy_Tribunal_Order.pdf.

39A Mitchell Street, Epuni, Lower Hutt 5011 Tenancy Tribunal Case 4897861 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4897861?

The tribunal order states: The tenancy of Gir Manyangis at 39A Mitchell Street, Epuni, Lower Hutt 5011 is

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Order

Claims and awards in Tenancy Tribunal application 4897861 — net $383.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 May 2024	$383.14	Rent arrears to 27 May 2024
Net award	$383.14
Total payable by Tenant to Landlord	$383.14

The tenancy of Gir Manyangis at 39A Mitchell Street, Epuni, Lower Hutt 5011 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 3 pm today, Tuesday 11 June 2024.

Gir Manyangis must pay Kāinga Ora–Homes And Communities 383.14 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. There was no appearance by the tenant.

The landlord has applied for termination of the tenancy for breach of the tenancy agreement and in the alternative abandonment and rent arrears.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986 (RTA).

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The Tribunal also may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 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.

On or about 15 January 2024, the landlord was advised by the tenant’s family members that the tenant had left the country but that she may return. Rent continued to be paid. Not living at the property for more than 30 days without advising the landlord is a breach of the tenancy agreement. To that end the landlord issued a 14-day notice on 3 May 2024 requiring the tenant to return to the property or to contact the landlord. The notice expired on 24 May 2024 with the tenant making no contact with the landlord.

In the meantime, the tenant’s family members removed all her belongings from the premises and returned the keys to the landlord on 17 April 2024. However, no notice to end the tenancy was given by the tenant either orally or in writing. Therefore, the landlord was required to make an application to terminate the tenancy for breach of the tenancy agreement and/or abandonment.

On 17 April 2024 the landlord was advised by MSD that the tenant was no longer residing at the property but rent payments only ceased from 30 April 2024. Therefore, the landlord knew that the tenancy had been abandoned from 30 April 2024 when the rent fell into arrears.

Because the premises have been abandoned and because the rent is in arrear from 30 April, 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. It also takes into account payments of $10/fortnight that have been received from the tenant, with the last payment received on 4 June 2024. K Stirling, 11 June 2024

Order

Claims and awards in Tenancy Tribunal application 4897861 — net $383.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 May 2024	$383.14	Rent arrears to 27 May 2024
Net award	$383.14
Total payable by Tenant to Landlord	$383.14

The tenancy of Gir Manyangis at 39A Mitchell Street, Epuni, Lower Hutt 5011 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 3 pm today, Tuesday 11 June 2024.

Gir Manyangis must pay Kāinga Ora–Homes And Communities 383.14 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. There was no appearance by the tenant.

The landlord has applied for termination of the tenancy for breach of the tenancy agreement and in the alternative abandonment and rent arrears.

Should the tenancy be terminated?

Because the premises have been abandoned and because the rent is in arrear from 30 April, the tenancy is terminated immediately.

How much does the tenant owe?

Tenancy Tribunal case 4897861 — Rent arrears at 39A Mitchell Street, Epuni, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4897861 — Rent arrears at 39A Mitchell Street, Epuni, Lower Hutt 5011

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