What was Tenancy Tribunal case 4968953 about?

The tribunal order states: The tenancy of Shirlene Wiki at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4968953?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,494.00 awarded to landlord

What type of tenancy dispute was case 4968953?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4968953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10880919-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4968953 about?

The tribunal order states: The tenancy of Shirlene Wiki at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4968953?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,494.00 awarded to landlord

What type of tenancy dispute was case 4968953?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4968953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10880919-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4968953 — Rent arrears

Claims and awards in Tenancy Tribunal application 4968953 — net $3,905.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/9/24	$4,494.00	Rent arrears to 2/9/24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,905.00
Total payable by Tenant to Landlord	$3,905.00

Order

The tenancy of Shirlene Wiki at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $616.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Shirlene Wiki must pay [The landlord/s] $3,905.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing in accordance with the RTA. The tenant was served by post to the tenancy address. The hearing proceeded in her absence.
I note that no email address for service has been provided by the tenant to the landlord or a new contact address.
In the event that the tenant did not receive proper notice of the application or hearing I am satisfied that all reasonable efforts were made to serve the tenant and service by any other means may be dispensed with for the following reasons: a. The landlord’s claim is not controversial as the tenant will be aware they have abandoned the premises. b. The landlord confirmed the tenant was aware they were in arrears. c. The tenant may file an application for a re-hearing if she wants to dispute the findings in this order. See section 91B of the RTA.
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 (RTA).
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 5 August 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
An inspection was scheduled for 9 July 2024 however the tenant asked for this to be rescheduled. The inspection was undertaken on 5 August 2024 and all of the tenants’ personal belongings had been removed. The tenant did not give notice to terminate the tenancy.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

Section 61 of the RTA states a tenant in a periodic tenancy, who abandons the premises shall be liable to pay the rent for any period up to and including, but not after, the following date: (i)the date of the expiry of the period of 28 days after the date specified by the Tribunal as the date on which the landlord first became aware, or ought reasonably to have become aware, that the tenant had abandoned the premises: or (ii)the date of commencement of a new tenancy of the premises, — whichever is the earlier:
The tenant is therefore liable for rent to 2 September 2024.
The landlord provided rent records which prove the amount owing at the end of the tenancy to 1 September 2024 is $4,472.00 and I make an order for rent arrears to 2 September 2024.
The RTA requires that a party mitigate their loss, which means that that they must take actions to limit any loss from a breach of the other party. When rent arrears occur, a reasonable landlord will mitigate that loss by applying to the Tenancy Tribunal for appropriate orders.
In Huang v Ashworth [2024] NZDC 15726 the District Court confirmed there is a duty to mitigate for rent arrears. The Court confirmed the test of what the landlord ought to do to mitigate its loss is a factual one and depends on: a. Whether the landlord took all reasonable steps to mitigate its loss; and b. More particularly, whether it acted reasonably having regard to all the circumstances of the case.
In Huang v Ashworth the Court reduced the rent arrears by a third to take into account a failure to mitigate loss.
The landlord advised that steps were taken to work with the tenant to ensure rent was paid and having regards to the circumstances of the case. I consider the landlord did take all reasonable steps and I do not reduce the order for rent arrears. Bond
The bond is to be paid to the landlord immediately to offset the rent arrears. Filing fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.
The landlord sought suppression for the tenant however having regard to the interests of the parties and the public interest I do not order name suppression for the tenant. See section 95A of the Residential Tenancies Act 1986

Claims and awards in Tenancy Tribunal application 4968953 — net $3,905.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/9/24	$4,494.00	Rent arrears to 2/9/24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,905.00
Total payable by Tenant to Landlord	$3,905.00

Order

The tenancy of Shirlene Wiki at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $616.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Shirlene Wiki must pay [The landlord/s] $3,905.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing in accordance with the RTA. The tenant was served by post to the tenancy address. The hearing proceeded in her absence.
I note that no email address for service has been provided by the tenant to the landlord or a new contact address.
In the event that the tenant did not receive proper notice of the application or hearing I am satisfied that all reasonable efforts were made to serve the tenant and service by any other means may be dispensed with for the following reasons: a. The landlord’s claim is not controversial as the tenant will be aware they have abandoned the premises. b. The landlord confirmed the tenant was aware they were in arrears. c. The tenant may file an application for a re-hearing if she wants to dispute the findings in this order. See section 91B of the RTA.
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 (RTA).
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 5 August 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
An inspection was scheduled for 9 July 2024 however the tenant asked for this to be rescheduled. The inspection was undertaken on 5 August 2024 and all of the tenants’ personal belongings had been removed. The tenant did not give notice to terminate the tenancy.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

Section 61 of the RTA states a tenant in a periodic tenancy, who abandons the premises shall be liable to pay the rent for any period up to and including, but not after, the following date: (i)the date of the expiry of the period of 28 days after the date specified by the Tribunal as the date on which the landlord first became aware, or ought reasonably to have become aware, that the tenant had abandoned the premises: or (ii)the date of commencement of a new tenancy of the premises, — whichever is the earlier:
The tenant is therefore liable for rent to 2 September 2024.
The landlord provided rent records which prove the amount owing at the end of the tenancy to 1 September 2024 is $4,472.00 and I make an order for rent arrears to 2 September 2024.
The RTA requires that a party mitigate their loss, which means that that they must take actions to limit any loss from a breach of the other party. When rent arrears occur, a reasonable landlord will mitigate that loss by applying to the Tenancy Tribunal for appropriate orders.
In Huang v Ashworth [2024] NZDC 15726 the District Court confirmed there is a duty to mitigate for rent arrears. The Court confirmed the test of what the landlord ought to do to mitigate its loss is a factual one and depends on: a. Whether the landlord took all reasonable steps to mitigate its loss; and b. More particularly, whether it acted reasonably having regard to all the circumstances of the case.
In Huang v Ashworth the Court reduced the rent arrears by a third to take into account a failure to mitigate loss.
The landlord advised that steps were taken to work with the tenant to ensure rent was paid and having regards to the circumstances of the case. I consider the landlord did take all reasonable steps and I do not reduce the order for rent arrears. Bond
The bond is to be paid to the landlord immediately to offset the rent arrears. Filing fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.
The landlord sought suppression for the tenant however having regard to the interests of the parties and the public interest I do not order name suppression for the tenant. See section 95A of the Residential Tenancies Act 1986

Tenancy Tribunal case 4968953 — Rent arrears

At a glance

Tenancy Tribunal case 4968953 — 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