What was Tenancy Tribunal case 4960374 about?

The tribunal order states: Jesse Jacob Charles Mayes must pay [The landlord/s] $2,866.83 immediately,

How much money was awarded in case 4960374?

Cleaning: $1,080.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $109.83 awarded to landlord; Rent Arrears: $2,050.00 awarded to landlord

What type of tenancy dispute was case 4960374?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4960374?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10845063-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4960374 about?

The tribunal order states: Jesse Jacob Charles Mayes must pay [The landlord/s] $2,866.83 immediately,

How much money was awarded in case 4960374?

Cleaning: $1,080.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $109.83 awarded to landlord; Rent Arrears: $2,050.00 awarded to landlord

What type of tenancy dispute was case 4960374?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4960374?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10845063-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4960374 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4960374 — net $2,146.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,050.00	Rent arrears
Cleaning: rubbish and lawns	$1,080.00	Cleaning: rubbish and lawns
Lock/key replacement	$109.83	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,146.83
Total payable by Tenant to Landlord	$2,146.83

The landlord attended the hearing. There was no appearance for the tenant.

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 27 August 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. At that stage, the rent was in arrears by more than 21 days.

The property manager had previously served a 14-day notice on 17 July and some payment had been made after that, but the arrears had not been cleared.

On or about 2 August 2024 the landlord filed for termination.

The property manager had also dropped off letters asking the tenant to contact her. When she attended on 27 August, four pieces of correspondence were still in the ranch slider. Photos show there was a bed in the bedroom but nothing in the lounge. The property manager said that there was food going off in the kitchen.

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 was $2,050. When a property is abandoned, the Tribunal may order a further 28 days’ notice in lieu of notice.

However, on 27 August, the landlords changed the locks and took possession of the property. This was in breach of section 46 of the Act. They also set about cleaning, taking items to the dump and mowing the lawns.

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices. See section 40(1)(e) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish and did not return the keys.

At the hearing we had some discussion about whether the tenant should be liable for these costs, given the tenancy had not actually been formally terminated at that time. The property manager said that they did not want to leave the property in that state.

I have decided that given the state of the premises and that they were abandoned it was not unreasonable that the landlord undertook these actions. In this instance the amounts ordered are proved.

However, although I indicated that the landlord was entitled to a further 28 days’ rent after the date of termination, in fact on 27 August, the landlord had (unlawfully) taken possession of the property. Accordingly, the tenant is not liable for any rent after 27 August.

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

Claims and awards in Tenancy Tribunal application 4960374 — net $2,146.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,050.00	Rent arrears
Cleaning: rubbish and lawns	$1,080.00	Cleaning: rubbish and lawns
Lock/key replacement	$109.83	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,146.83
Total payable by Tenant to Landlord	$2,146.83

Order

Jesse Jacob Charles Mayes must pay [The landlord/s] $2,866.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,120.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
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 27 August 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. At that stage, the rent was in arrears by more than 21 days.
The property manager had previously served a 14-day notice on 17 July and some payment had been made after that, but the arrears had not been cleared.
On or about 2 August 2024 the landlord filed for termination.
The property manager had also dropped off letters asking the tenant to contact her. When she attended on 27 August, four pieces of correspondence were still in the ranch slider. Photos show there was a bed in the bedroom but nothing in the lounge. The property manager said that there was food going off in the kitchen.
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 was $2,050. When a property is abandoned, the Tribunal may order a further 28 days’ notice in lieu of notice.
However, on 27 August, the landlords changed the locks and took possession of the property. This was in breach of section 46 of the Act. They also set about cleaning, taking items to the dump and mowing the lawns.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices. See section 40(1)(e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish and did not return the keys.
At the hearing we had some discussion about whether the tenant should be liable for these costs, given the tenancy had not actually been formally terminated at that time. The property manager said that they did not want to leave the property in that state.
I have decided that given the state of the premises and that they were abandoned it was not unreasonable that the landlord undertook these actions. In this instance the amounts ordered are proved.
However, although I indicated that the landlord was entitled to a further 28 days’ rent after the date of termination, in fact on 27 August, the landlord had (unlawfully) taken possession of the property. Accordingly, the tenant is not liable for any rent after 27 August.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. .

Tenancy Tribunal case 4960374 — Rent arrears

At a glance

Tenancy Tribunal case 4960374 — 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