What was Tenancy Tribunal case 4970793 about?

The tribunal order states: [The landlord/s] is granted possession of the premises at [Tenancy address

How much money was awarded in case 4970793?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,980.00 awarded to landlord

What type of tenancy dispute was case 4970793?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4970793?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10808817-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4970793 about?

The tribunal order states: [The landlord/s] is granted possession of the premises at [Tenancy address

How much money was awarded in case 4970793?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,980.00 awarded to landlord

What type of tenancy dispute was case 4970793?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4970793?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10808817-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4970793 — Rent arrears

Claims and awards in Tenancy Tribunal application 4970793 — net $3,007.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2024	$2,980.00	Rent arrears to 26 August 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,007.00
Total payable by Tenant to Landlord	$3,007.00

Order

[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately.
Natalia Charie Harata Ripia must pay [The landlord/s] $3,007.00 immediately, calculated as shown in table below:

Reasons

ATTENDANCES

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. The hearing proceeded in her absence.

APPLICATION FOR TERMINATION

The landlord applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986. On 26 August 2024 this application was not granted and referred for a full hearing.
As I indicated at the hearing, I considered the tenant had not abandoned the tenancy but had given notice terminating the tenancy on 29 July 2024.
The tenant had indicated she was withdrawing from the tenancy on specified grounds in the RTA however the tenant did not provide notice in the approved form with qualifying evidence to support the notice.
Nevertheless, the tenant has given notice to end the tenancy. Section 51 (3) of the act provides every notice to terminate a tenancy shall— (a)be in writing; and (b)identify the premises to which it relates; and (c)specify the date by which the tenant is to vacate the premises; and... ...(d)be signed by the party giving the notice, or by that party’s agent.
Section 51 (4) of the Act states: In a notice to terminate a tenancy, no special form of words shall be required; and no such notice shall be held invalid for any failure to comply strictly with the requirements of subsection (3) so long as the notice is in writing, the intention to terminate the tenancy on a particular date or on the expiry of a particular period is stated clearly in the notice, and that any non-compliance is not such as to mislead or affect unjustly the interests of the recipient.
I consider that while the tenant’s notice did not strictly comply with section 51 (3), section 51 (4) allows me to find the notice valid as the intention to terminate the tenancy on Wednesday 31 July 2024 is clear.
A tenant is required to provide at least 28 days’ notice of termination. The final day of the tenancy is 26 August 2024. See section 51 (2B) of the of the Residential Tenancies Act 1986.

POSSESSION ORDER

The landlord has applied for possession of the premises following the termination of the tenancy.
While I understand the tenant has vacated the property following the end of the tenancy, I confirm the landlord is entitled to possession.
The tenancy ended on 26 August 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

RENT ARREARS

The landlord provided rent records which prove the amount owing to 18 August 2024 is $2,210 and I have made an order for rent through to the end of the tenancy.

FILING FEE

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

SUPPRESSION

The landlord sought suppression and as the application is successful, I have made an order accordingly.

CORRIGENDUM

The is a Corrigendum to the Order dated 6 September 2024.
This Order replaces that Order. This Order now records the total award payable by the tenant at Order 3.
In addition, I note the landlord emailed the registry following receipt of the Order regarding the application for disposal of goods and I record the following:

DISPOSAL OF ABANDONED GOODS

Sections 62 and 62A of the RTA stipulates the way in which goods left by the tenant following the end of the tenancy must be dealt with by the landlord.
Section 62(2) requires the landlord to make all reasonable efforts to contact the tenant and agree on a period within which the tenant is to collect the goods.
If the landlord is unable to contact the tenant or the tenant fails to collect the goods within the agreed period, then the landlord must deal with the goods in accordance with section 62A RTA or secure them in safe storage and apply to the Tribunal for an order under section 62B RTA.
Under section 62A (1) RTA, the landlord must make all reasonable efforts to assess the market value of the goods. a. If the assessment indicates that the goods have a value below the cost of storing, transporting, and selling them, the landlord may immediately dispose of those goods in any way the landlord thinks fit. b. If the assessment indicates that any of the goods have a value above the cost of storing, transporting, and selling them, the landlord must secure those goods in safe storage for no less than 35 days from the date on which the landlord first took possession of those goods.
Section 62A (5) stipulates the process to be followed if the goods remain unclaimed after 35 days.
The landlord confirmed that he had given the tenant until the day of the hearing to remove all the goods and rubbish, but the tenant had not done so.
In this case the landlord has not undertaken an assessment of the goods left by the tenant.
The discussion at the hearing was that it was likely there was only rubbish at the property and the landlord would likely be arranging further skip bins to remove it all.
I do not consider I can make an order for disposal of the property if the assessment of its value has not been undertaken. The landlord should assess the property, dispose of rubbish and make any further applications for compensation, as discussed at the hearing.
The application for orders with respect to disposal of goods is dismissed.

Claims and awards in Tenancy Tribunal application 4970793 — net $3,007.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 August 2024	$2,980.00	Rent arrears to 26 August 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,007.00
Total payable by Tenant to Landlord	$3,007.00

Order

[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately.
Natalia Charie Harata Ripia must pay [The landlord/s] $3,007.00 immediately, calculated as shown in table below:

Reasons

ATTENDANCES

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. The hearing proceeded in her absence.

APPLICATION FOR TERMINATION

The landlord applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986. On 26 August 2024 this application was not granted and referred for a full hearing.
As I indicated at the hearing, I considered the tenant had not abandoned the tenancy but had given notice terminating the tenancy on 29 July 2024.
The tenant had indicated she was withdrawing from the tenancy on specified grounds in the RTA however the tenant did not provide notice in the approved form with qualifying evidence to support the notice.
Nevertheless, the tenant has given notice to end the tenancy. Section 51 (3) of the act provides every notice to terminate a tenancy shall— (a)be in writing; and (b)identify the premises to which it relates; and (c)specify the date by which the tenant is to vacate the premises; and... ...(d)be signed by the party giving the notice, or by that party’s agent.
Section 51 (4) of the Act states: In a notice to terminate a tenancy, no special form of words shall be required; and no such notice shall be held invalid for any failure to comply strictly with the requirements of subsection (3) so long as the notice is in writing, the intention to terminate the tenancy on a particular date or on the expiry of a particular period is stated clearly in the notice, and that any non-compliance is not such as to mislead or affect unjustly the interests of the recipient.
I consider that while the tenant’s notice did not strictly comply with section 51 (3), section 51 (4) allows me to find the notice valid as the intention to terminate the tenancy on Wednesday 31 July 2024 is clear.
A tenant is required to provide at least 28 days’ notice of termination. The final day of the tenancy is 26 August 2024. See section 51 (2B) of the of the Residential Tenancies Act 1986.

POSSESSION ORDER

The landlord has applied for possession of the premises following the termination of the tenancy.
While I understand the tenant has vacated the property following the end of the tenancy, I confirm the landlord is entitled to possession.
The tenancy ended on 26 August 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

RENT ARREARS

The landlord provided rent records which prove the amount owing to 18 August 2024 is $2,210 and I have made an order for rent through to the end of the tenancy.

FILING FEE

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

SUPPRESSION

The landlord sought suppression and as the application is successful, I have made an order accordingly.

CORRIGENDUM

The is a Corrigendum to the Order dated 6 September 2024.
This Order replaces that Order. This Order now records the total award payable by the tenant at Order 3.
In addition, I note the landlord emailed the registry following receipt of the Order regarding the application for disposal of goods and I record the following:

DISPOSAL OF ABANDONED GOODS

Sections 62 and 62A of the RTA stipulates the way in which goods left by the tenant following the end of the tenancy must be dealt with by the landlord.
Section 62(2) requires the landlord to make all reasonable efforts to contact the tenant and agree on a period within which the tenant is to collect the goods.
If the landlord is unable to contact the tenant or the tenant fails to collect the goods within the agreed period, then the landlord must deal with the goods in accordance with section 62A RTA or secure them in safe storage and apply to the Tribunal for an order under section 62B RTA.
Under section 62A (1) RTA, the landlord must make all reasonable efforts to assess the market value of the goods. a. If the assessment indicates that the goods have a value below the cost of storing, transporting, and selling them, the landlord may immediately dispose of those goods in any way the landlord thinks fit. b. If the assessment indicates that any of the goods have a value above the cost of storing, transporting, and selling them, the landlord must secure those goods in safe storage for no less than 35 days from the date on which the landlord first took possession of those goods.
Section 62A (5) stipulates the process to be followed if the goods remain unclaimed after 35 days.
The landlord confirmed that he had given the tenant until the day of the hearing to remove all the goods and rubbish, but the tenant had not done so.
In this case the landlord has not undertaken an assessment of the goods left by the tenant.
The discussion at the hearing was that it was likely there was only rubbish at the property and the landlord would likely be arranging further skip bins to remove it all.
I do not consider I can make an order for disposal of the property if the assessment of its value has not been undertaken. The landlord should assess the property, dispose of rubbish and make any further applications for compensation, as discussed at the hearing.
The application for orders with respect to disposal of goods is dismissed.

Tenancy Tribunal case 4970793 — Rent arrears

At a glance

Tenancy Tribunal case 4970793 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

ATTENDANCES

APPLICATION FOR TERMINATION

POSSESSION ORDER

RENT ARREARS

FILING FEE

SUPPRESSION

CORRIGENDUM

DISPOSAL OF ABANDONED GOODS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

ATTENDANCES

APPLICATION FOR TERMINATION

POSSESSION ORDER

RENT ARREARS

FILING FEE

SUPPRESSION

CORRIGENDUM

DISPOSAL OF ABANDONED GOODS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions