What was Tenancy Tribunal case 4978587 about?

The tribunal order states: The tenancy of Abbey June Caulcutt at [Tenancy address suppressed] is

How much money was awarded in case 4978587?

Rent Arrears: $1,300.00 awarded to landlord

What type of tenancy dispute was case 4978587?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4978587?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10957162-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4978587 about?

The tribunal order states: The tenancy of Abbey June Caulcutt at [Tenancy address suppressed] is

How much money was awarded in case 4978587?

Rent Arrears: $1,300.00 awarded to landlord

What type of tenancy dispute was case 4978587?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4978587?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10957162-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4978587 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4978587 — net $520.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22.8.2024	$1,300.00	Rent arrears to 22.8.2024
Net award	$520.00
Total payable by Tenant to Landlord	$520.00

The tenancy of Abbey June Caulcutt at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on 15 October 2024.

The Bond Centre is to pay the bond of $780.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Abbey June Caulcutt must pay [The landlord/s] $520.00 immediately, calculated as shown in the table below:

Reasons

Only the landlord, represented by [The landlord/s], attended the hearing, which was conducted by teleconference. The tenant did not attend, with all three phone calls being unanswered.

This is a fixed term “room-by-room” tenancy which began on 3 June 2024 and was due to end on 1 June 2025. The rent is $260.00 per week and a bond of $780.00 was paid.

The landlord applied for termination of the tenancy, rent arrears, payment from the bond and the filing fee. The claim was originally submitted on the basis of abandonment, through the expedited process under section 91AA of the Residential Tenancies Act 1986 (the RTA). The application was not granted, and the matter was set for hearing. The adjudicator noted that there was no evidence establishing that the tenant’s room was empty.

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 of the Residential Tenancies Act 1986 (the 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.

Having considered the additional photographic evidence, and taking into account the oral and documentary evidence of the landlord, I am satisfied that the premises has been abandoned. The landlord’s evidence is that she became aware that the tenant was no longer living at the premises around 18 August 2024. The tenant had missed rent payments, with the last payment being made on 24 July 2024, as shown in the rent summary provided. The landlord emailed, texted, and called the tenant, but received no reply. She spoke to other tenants living at the property, who informed her that the tenant had not been seen and the room was empty.

The landlord submitted her application to the Tribunal on 20 August 2024. She then attended the premises on 8 September 2024, and took photographs on 10 September 2024, which have been provided. The photographs confirm that the tenant had removed her belongings and was no longer living at the premises.

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 up to 22 August 2024. While entitled to claim additional rent after this date, the landlord states that she does not seek rent arrears beyond the amount covered by the bond.

Accordingly, I make the above order for rent arrears and payment from the bond. Filing fee

The landlord does not seek the filing fee. Name suppression

An application for suppression has been made in this case by the landlord, and the Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being successful in the proceedings.

Claims and awards in Tenancy Tribunal application 4978587 — net $520.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22.8.2024	$1,300.00	Rent arrears to 22.8.2024
Net award	$520.00
Total payable by Tenant to Landlord	$520.00

Order

The tenancy of Abbey June Caulcutt at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on 15 October 2024.
The Bond Centre is to pay the bond of $780.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Abbey June Caulcutt must pay [The landlord/s] $520.00 immediately, calculated as shown in the table below:

Reasons

Only the landlord, represented by [The landlord/s], attended the hearing, which was conducted by teleconference. The tenant did not attend, with all three phone calls being unanswered.
This is a fixed term “room-by-room” tenancy which began on 3 June 2024 and was due to end on 1 June 2025. The rent is $260.00 per week and a bond of $780.00 was paid.
The landlord applied for termination of the tenancy, rent arrears, payment from the bond and the filing fee. The claim was originally submitted on the basis of abandonment, through the expedited process under section 91AA of the Residential Tenancies Act 1986 (the RTA). The application was not granted, and the matter was set for hearing. The adjudicator noted that there was no evidence establishing that the tenant’s room was empty.

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 of the Residential Tenancies Act 1986 (the 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.
Having considered the additional photographic evidence, and taking into account the oral and documentary evidence of the landlord, I am satisfied that the premises has been abandoned. The landlord’s evidence is that she became aware that the tenant was no longer living at the premises around 18 August 2024. The tenant had missed rent payments, with the last payment being made on 24 July 2024, as shown in the rent summary provided. The landlord emailed, texted, and called the tenant, but received no reply. She spoke to other tenants living at the property, who informed her that the tenant had not been seen and the room was empty.
The landlord submitted her application to the Tribunal on 20 August 2024. She then attended the premises on 8 September 2024, and took photographs on 10 September 2024, which have been provided. The photographs confirm that the tenant had removed her belongings and was no longer living at the premises.
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 up to 22 August 2024. While entitled to claim additional rent after this date, the landlord states that she does not seek rent arrears beyond the amount covered by the bond.
Accordingly, I make the above order for rent arrears and payment from the bond. Filing fee
The landlord does not seek the filing fee. Name suppression
An application for suppression has been made in this case by the landlord, and the Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being successful in the proceedings.

Tenancy Tribunal case 4978587 — Rent arrears

At a glance

Tenancy Tribunal case 4978587 — 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