What was the outcome of Tenancy Tribunal case 4922561?

The tribunal order states: The tenancy of Les Chapman at Unit/Flat Unit C10, 219 Johns Road, Northwood,

How much money was awarded in case 4922561?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,825.01 awarded to landlord

What type of tenancy dispute was case 4922561?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4922561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10644091-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4922561?

The tribunal order states: The tenancy of Les Chapman at Unit/Flat Unit C10, 219 Johns Road, Northwood,

How much money was awarded in case 4922561?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,825.01 awarded to landlord

What type of tenancy dispute was case 4922561?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4922561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10644091-Tenancy_Tribunal_Order.pdf.

Unit/Flat C10, 219 Johns Road, Northwood, Christchurch Tenancy Tribunal Case 4922561 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4922561 — net $2,845.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30.7.2024	$2,825.01	Rent arrears to 30.7.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,845.45
Total payable by Tenant to Landlord	$2,845.45

The tenancy of Les Chapman at Unit/Flat Unit C10, 219 Johns Road, Northwood, Christchurch 8051 is terminated, and possession is granted to Inspire Property Management Limited, immediately.

Les Chapman must pay Inspire Property Management Ltd As Agent For Owner $2,845.45 immediately, calculated as shown in the table below:

Reasons

Ms Taylor attended the teleconference hearing on behalf of the landlord. Two phone calls were made to the tenant’s phone number, the last three digits being

One call went to voicemail and the other call had no response. As the tenant was served, the hearing proceeded in his absence.

The landlord initially applied for rent arrears and refund of the application fee in what they thought was a vacated tenancy. During the hearing, the landlord asked to amend the claim to include termination of the tenancy for abandonment, which was permitted.

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 23 July 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said they had an informal discussion some time ago with the tenant, who said he may have to relocate, about the possibility of him leaving the tenancy. Ms Taylor said she made it clear to the tenant that if he decided to leave the tenancy, he would still have to provide written notice to the landlord to do so. She said it was left with the tenant on this basis, and that the tenant had not subsequently provided any notice to terminate the tenancy to the landlord. Despite a number of emails and texts to the tenant about rent arrears owing and a threat to make a Tribunal application, Ms Taylor said the tenant did not respond to her at all.

On 23 July 2024, the landlord said they conducted a routine inspection at the property and found the premises had been abandoned. The landlord provided photographs of the condition of the inside of the tenancy cabin, in an inspection report dated 23 July 2024. The interior was messy, with rubbish, dirt and some bedding left, as well as some golf clubs. Ms Taylor said all the tenants’ clothes had been removed and that others in neighbouring cabins told her they had not seen the tenant or his vehicle for some time. The landlord said they have been trying to reach the tenant since early June 2024 about rent arrears and other issues, without any response.

In the circumstances and given the evidence of the photographs of the landlord’s inspection on 23 July 2024, that the tenant has not been seen by neighbours for some time, and the lack of response by the tenant to all communication by the landlord, I find it is likely the tenant has abandoned the property.

Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord claimed rent arrears to 30 July 2024 and provided rent records which prove the amount owing to 30 July 2024, which is $2,825.01. The amount ordered includes rent in lieu of notice. See section 61(3) Residential Tenancies Act 1986. Filing fee

Because Inspire Property Management Ltd As Agent For Owner has been successful with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4922561 — net $2,845.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30.7.2024	$2,825.01	Rent arrears to 30.7.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,845.45
Total payable by Tenant to Landlord	$2,845.45

Order

The tenancy of Les Chapman at Unit/Flat Unit C10, 219 Johns Road, Northwood, Christchurch 8051 is terminated, and possession is granted to Inspire Property Management Limited, immediately.
Les Chapman must pay Inspire Property Management Ltd As Agent For Owner $2,845.45 immediately, calculated as shown in the table below:

Reasons

Ms Taylor attended the teleconference hearing on behalf of the landlord. Two phone calls were made to the tenant’s phone number, the last three digits being
One call went to voicemail and the other call had no response. As the tenant was served, the hearing proceeded in his absence.
The landlord initially applied for rent arrears and refund of the application fee in what they thought was a vacated tenancy. During the hearing, the landlord asked to amend the claim to include termination of the tenancy for abandonment, which was permitted.

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 23 July 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said they had an informal discussion some time ago with the tenant, who said he may have to relocate, about the possibility of him leaving the tenancy. Ms Taylor said she made it clear to the tenant that if he decided to leave the tenancy, he would still have to provide written notice to the landlord to do so. She said it was left with the tenant on this basis, and that the tenant had not subsequently provided any notice to terminate the tenancy to the landlord. Despite a number of emails and texts to the tenant about rent arrears owing and a threat to make a Tribunal application, Ms Taylor said the tenant did not respond to her at all.
On 23 July 2024, the landlord said they conducted a routine inspection at the property and found the premises had been abandoned. The landlord provided photographs of the condition of the inside of the tenancy cabin, in an inspection report dated 23 July 2024. The interior was messy, with rubbish, dirt and some bedding left, as well as some golf clubs. Ms Taylor said all the tenants’ clothes had been removed and that others in neighbouring cabins told her they had not seen the tenant or his vehicle for some time. The landlord said they have been trying to reach the tenant since early June 2024 about rent arrears and other issues, without any response.
In the circumstances and given the evidence of the photographs of the landlord’s inspection on 23 July 2024, that the tenant has not been seen by neighbours for some time, and the lack of response by the tenant to all communication by the landlord, I find it is likely the tenant has abandoned the property.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord claimed rent arrears to 30 July 2024 and provided rent records which prove the amount owing to 30 July 2024, which is $2,825.01. The amount ordered includes rent in lieu of notice. See section 61(3) Residential Tenancies Act 1986. Filing fee
Because Inspire Property Management Ltd As Agent For Owner has been successful with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4922561 — Rent arrears at Unit/Flat C10, 219 Johns Road, Northwood, Christchurch

At a glance

Tenancy Tribunal case 4922561 — Rent arrears at Unit/Flat C10, 219 Johns Road, Northwood, Christchurch

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

Property management

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

Property management

Frequently asked questions