Published tribunal order
Tenancy Tribunal case 4944953 — Rent arrears at 76 Ascot Street, Saint Kilda, Dunedin 9012
Decided 15 Aug 2024 · Published 15 Aug 2024 · Application 4944953
Landlord favoured
- Rent arrears
Order
- The tenancy of Tyler McPherson at 76 Ascot Street, Saint Kilda, Dunedin 9012 is terminated, and possession is granted to Tracy Lamb, immediately.
- Tyler McPherson must pay Tracy Lamb $27.00 immediately, calculated as shown in the table below:
Reasons
- The landlord and tenant’s mother attended the hearing.
- 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 10/7/2024 the landlord became aware that the tenant had abandoned the premises, after receiving an email from the tenant’s mother.
- Unfortunately, the landlord’s application for expediated abandonment was unsuccessful and the matter proceeded to hearing.
- As 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 support the amount owing.
- As Tracy Lamb has wholly succeeded with the claim I must award the filing fee.
- No name suppression was requested.