What was Tenancy Tribunal case 4933242 about?

The tribunal order states: The tenancy of Belinda Jane Gardner and Sherryn Williams at [address] is

How much money was awarded in case 4933242?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,081.00 awarded to landlord

What type of tenancy dispute was case 4933242?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4933242?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10686285-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4933242 about?

The tribunal order states: The tenancy of Belinda Jane Gardner and Sherryn Williams at [address] is

How much money was awarded in case 4933242?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,081.00 awarded to landlord

What type of tenancy dispute was case 4933242?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4933242?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10686285-Tribunal_Order_Redacted.pdf.

[Address] Tenancy Tribunal Case 4933242 — Rent arrears

Claims and awards in Tenancy Tribunal application 4933242. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 08/08/2024	$3,081.00		Rent arrears to 08/08/2024
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

The tenancy of Belinda Jane Gardner and Sherryn Williams at [address] is terminated, and possession is granted to [The landlord/s], at 11:59pm, Thursday 8 August 2024.
Belinda Jane Gardner and Sherryn Williams must pay [The landlord/s] $3,081.00 immediately, calculated as shown in the table below:
If the Bond Centre holds the bond of $2,600.00 it is to pay the bond to [The landlord/s] immediately. If the bond is available to be paid to the landlord, the bond amount is deducted from the total debt owed by Belinda Jane Gardner and Sherryn Williams to [The landlord/s] and Belinda Jane Gardner and Sherryn Williams must pay only the remainder of the debt.

Reasons

The landlord’s agent attended the hearing by phone. Neither tenant attended the video hearing by link, nor did they answer calls to their phone numbers listed in the application. I am satisfied both tenants were notified of the time, date and method of hearing and therefore proceeded in their absence.
The landlord’s agent stated the tenants had informed the landlord’s agent on 23/07/2024 that they had left the premises two weeks earlier. The tenancy agreement is a fixed term tenancy continuing until 21/12/2024. Although the fixed term tenancy has not reached expiry, the landlord’s agent seeks immediate termination of the tenancy, rent arrears to 08/08/24 and refund of the bond.
The landlord’s agent was unable to confirm whether the bond of $2,600 was paid to the Bond Centre. The landlord’s agent’s records show the tenants paid a bond of $2,600 on 21 December 2023 (the start of the tenancy) but no record of on-payment to the Bond Centre was identified. Without a bond number, I was unable to confirm through my own enquiries whether a bond was held by the Bond Centre.

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.
In addition, the Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
On 23/07/2024 the landlord’s agent became aware that the tenants had moved out of the premises. The landlord’s agent said on that date they were informed that one of the tenants had moved into a rest home and the remaining tenant could not afford to continue to pay the full rent. Both tenants had elected to move out of the property two weeks prior to 23/07/2024.
The landlord accepts there has been an unforeseen change in the tenant's circumstances and agrees to the fixed term tenancy coming to an end. Given the change in circumstances, the tenants would suffer severe hardship if the term of the tenancy were not reduced. The landlord recognises it is in the landlord’s best interest to reduce the term of the fixed tenancy also.
Given the change in circumstances and the landlord’s consent, I reduce the term of the fixed term tenancy to expire at 11:59pm, Thursday 8 August 2024.
Equally, I could have terminated the tenancy because the premises have been abandoned, and rent is in arrears at the date of hearing.

How much does the tenant owe?

The landlord’s agent provided rent records which prove the amount owing at the end of the tenancy.
The landlord’s agent records show that the tenants paid a bond of $2,600 on 21 December 2023 (the start of the tenancy). A bond lodgement form records that the bond was to be lodged with Tenancy Services (with landlord I.D. [redacted]) under the names of both tenants however the account records do not record the bond being debited from the tenant’s account and paid to the Bond Centre.
The landlord’s agent was unable to confirm whether the bond had been lodged with the Bond Centre, nor advise the bond number. If the bond was not paid to the Bond Centre it has been applied to the tenants’ rent and arrears in the landlord’s records and the full debt must be paid by the tenants. If a bond is held by the Bond Centre, it must be released to the landlords and the tenants must pay the remaining portion of the debt.
Given [The applicant/s] has succeeded with the claim the tenants must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4933242. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 08/08/2024	$3,081.00		Rent arrears to 08/08/2024
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

The tenancy of Belinda Jane Gardner and Sherryn Williams at [address] is terminated, and possession is granted to [The landlord/s], at 11:59pm, Thursday 8 August 2024.
Belinda Jane Gardner and Sherryn Williams must pay [The landlord/s] $3,081.00 immediately, calculated as shown in the table below:
If the Bond Centre holds the bond of $2,600.00 it is to pay the bond to [The landlord/s] immediately. If the bond is available to be paid to the landlord, the bond amount is deducted from the total debt owed by Belinda Jane Gardner and Sherryn Williams to [The landlord/s] and Belinda Jane Gardner and Sherryn Williams must pay only the remainder of the debt.

Reasons

The landlord’s agent attended the hearing by phone. Neither tenant attended the video hearing by link, nor did they answer calls to their phone numbers listed in the application. I am satisfied both tenants were notified of the time, date and method of hearing and therefore proceeded in their absence.
The landlord’s agent stated the tenants had informed the landlord’s agent on 23/07/2024 that they had left the premises two weeks earlier. The tenancy agreement is a fixed term tenancy continuing until 21/12/2024. Although the fixed term tenancy has not reached expiry, the landlord’s agent seeks immediate termination of the tenancy, rent arrears to 08/08/24 and refund of the bond.
The landlord’s agent was unable to confirm whether the bond of $2,600 was paid to the Bond Centre. The landlord’s agent’s records show the tenants paid a bond of $2,600 on 21 December 2023 (the start of the tenancy) but no record of on-payment to the Bond Centre was identified. Without a bond number, I was unable to confirm through my own enquiries whether a bond was held by the Bond Centre.

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.
In addition, the Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.
On 23/07/2024 the landlord’s agent became aware that the tenants had moved out of the premises. The landlord’s agent said on that date they were informed that one of the tenants had moved into a rest home and the remaining tenant could not afford to continue to pay the full rent. Both tenants had elected to move out of the property two weeks prior to 23/07/2024.
The landlord accepts there has been an unforeseen change in the tenant's circumstances and agrees to the fixed term tenancy coming to an end. Given the change in circumstances, the tenants would suffer severe hardship if the term of the tenancy were not reduced. The landlord recognises it is in the landlord’s best interest to reduce the term of the fixed tenancy also.
Given the change in circumstances and the landlord’s consent, I reduce the term of the fixed term tenancy to expire at 11:59pm, Thursday 8 August 2024.
Equally, I could have terminated the tenancy because the premises have been abandoned, and rent is in arrears at the date of hearing.

How much does the tenant owe?

The landlord’s agent provided rent records which prove the amount owing at the end of the tenancy.
The landlord’s agent records show that the tenants paid a bond of $2,600 on 21 December 2023 (the start of the tenancy). A bond lodgement form records that the bond was to be lodged with Tenancy Services (with landlord I.D. [redacted]) under the names of both tenants however the account records do not record the bond being debited from the tenant’s account and paid to the Bond Centre.
The landlord’s agent was unable to confirm whether the bond had been lodged with the Bond Centre, nor advise the bond number. If the bond was not paid to the Bond Centre it has been applied to the tenants’ rent and arrears in the landlord’s records and the full debt must be paid by the tenants. If a bond is held by the Bond Centre, it must be released to the landlords and the tenants must pay the remaining portion of the debt.
Given [The applicant/s] has succeeded with the claim the tenants must reimburse the filing fee.

Tenancy Tribunal case 4933242 — Rent arrears at [Address]

At a glance

Tenancy Tribunal case 4933242 — Rent arrears at [Address]

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