How much money was awarded in case 4904433?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $9,692.29 awarded to landlord

What type of tenancy dispute was case 4904433?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4904433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10527053-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4904433?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $9,692.29 awarded to landlord

What type of tenancy dispute was case 4904433?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4904433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10527053-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4904433 — Rent arrears

Q: What was Tenancy Tribunal case 4904433 about?

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

Order

Claims and awards in Tenancy Tribunal application 4904433 — net $9,400.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 June 2024	$9,692.29	Rent arrears to 30 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,400.73
Total payable by Tenant to Landlord	$9,400.73

The tenancy of David Pointon at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately.

The Bond Centre is to pay the bond of $312.00 ([Bond number suppressed]) to [The landlord/s] immediately.

David Pointon must pay [The landlord/s] $9,400.73 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.

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. 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 22 May 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Attempts to contact the tenant via phone, text, and email received no response. An inspection on 22 May 2024 confirmed the tenant had more than likely abandoned the premises. He had dropped a security and letterbox key with onsite staff but gave no reason or instruction. Attempts by the landlord to clarify his intentions were not responded to. The application was made on 31 May 2024.

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, being to 30 June 2024. The amount ordered includes rent in lieu of notice. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 4904433 — net $9,400.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 June 2024	$9,692.29	Rent arrears to 30 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,400.73
Total payable by Tenant to Landlord	$9,400.73

Order

The tenancy of David Pointon at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately.
The Bond Centre is to pay the bond of $312.00 ([Bond number suppressed]) to [The landlord/s] immediately.
David Pointon must pay [The landlord/s] $9,400.73 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
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. 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 22 May 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Attempts to contact the tenant via phone, text, and email received no response. An inspection on 22 May 2024 confirmed the tenant had more than likely abandoned the premises. He had dropped a security and letterbox key with onsite staff but gave no reason or instruction. Attempts by the landlord to clarify his intentions were not responded to. The application was made on 31 May 2024.
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, being to 30 June 2024. The amount ordered includes rent in lieu of notice. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 4904433 — Rent arrears

At a glance

Tenancy Tribunal case 4904433 — 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