What was Tenancy Tribunal case 4946395 about?

The tribunal order states: Stephanie Derwin must pay [The landlord/s] $5,027.00 immediately, as

How much money was awarded in case 4946395?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,200.00 awarded to landlord

What type of tenancy dispute was case 4946395?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4946395?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10719059-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4946395 about?

The tribunal order states: Stephanie Derwin must pay [The landlord/s] $5,027.00 immediately, as

How much money was awarded in case 4946395?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,200.00 awarded to landlord

What type of tenancy dispute was case 4946395?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4946395?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10719059-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4946395 — Rent arrears

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New Zealand Tenancy Tribunal Case 4946395 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4946395 — net $5,027.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,200.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,027.00
Total payable by Tenant to Landlord	$5,027.00

Claims and awards for application 4946395 — net $5,027.00 NZD. Verify on MoJ.

Rent arrears

Amount: $8,200.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,027.00

Total payable by Tenant to Landlord

Landlord $5,027.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

[The tenant/s] must pay [The landlord/s] $5,027.00 immediately, as calculated in the table below.
The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was conducted remotely. Two attempts to reach the tenant by phone were unsuccessful.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
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 the evening of 7 July 2024 the landlord received a phone call from someone living at the property that the tenant had moved out and sub-let to them. Unfortunately, they were about to head overseas for two weeks. On their return to New Zealand they visited the property and took photos which have been provided to the Tribunal. It is evident that there was no furniture in the property and no-one was living there by that time.
I have determined that had they not been out of the country, the landlords would have been able to attend the property the day after the phone call and ascertain whether the premises had been abandoned. I have therefore decided that 8 July 2024 is the date on which they ought to have been aware that the property had been abandoned.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Comment
The landlord had previously been unsuccessful in an application for expedited abandonment. A miscommunication or misunderstanding about the different processes had led to confusion about the evidence that needed to be filed. The landlords are reminded that another option would have been to simply seek termination under section 55(1)(a), that the rent was in arrears by 21 days, although that provision does not allow for an order of rent arrears in lieu of notice. T Baker, 16 August 2024

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4946395 — net $5,027.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,200.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,027.00
Total payable by Tenant to Landlord	$5,027.00

Claims and awards for application 4946395 — net $5,027.00 NZD. Verify on MoJ.

Rent arrears

Amount: $8,200.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,027.00

Total payable by Tenant to Landlord

Landlord $5,027.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

[The tenant/s] must pay [The landlord/s] $5,027.00 immediately, as calculated in the table below.
The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was conducted remotely. Two attempts to reach the tenant by phone were unsuccessful.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
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 the evening of 7 July 2024 the landlord received a phone call from someone living at the property that the tenant had moved out and sub-let to them. Unfortunately, they were about to head overseas for two weeks. On their return to New Zealand they visited the property and took photos which have been provided to the Tribunal. It is evident that there was no furniture in the property and no-one was living there by that time.
I have determined that had they not been out of the country, the landlords would have been able to attend the property the day after the phone call and ascertain whether the premises had been abandoned. I have therefore decided that 8 July 2024 is the date on which they ought to have been aware that the property had been abandoned.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Comment
The landlord had previously been unsuccessful in an application for expedited abandonment. A miscommunication or misunderstanding about the different processes had led to confusion about the evidence that needed to be filed. The landlords are reminded that another option would have been to simply seek termination under section 55(1)(a), that the rent was in arrears by 21 days, although that provision does not allow for an order of rent arrears in lieu of notice. T Baker, 16 August 2024

Tenancy Tribunal case 4946395 — Rent arrears

At a glance

Tenancy Tribunal case 4946395 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions