What was the outcome of Tenancy Tribunal case 4989328?

The tribunal order states: The tenancy of Chas Farrelly at Unit/Flat 3A, 6 Burgoyne Street, Grey Lynn,

How much money was awarded in case 4989328?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4989328?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4989328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10831070-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4989328?

The tribunal order states: The tenancy of Chas Farrelly at Unit/Flat 3A, 6 Burgoyne Street, Grey Lynn,

How much money was awarded in case 4989328?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4989328?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4989328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10831070-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3A, 6 Burgoyne Street, Grey Lynn, Auckland 1021 Tenancy Tribunal Case 4989328 — Rent arrears

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Order

The tenancy of Chas Farrelly at Unit/Flat 3A, 6 Burgoyne Street, Grey Lynn, Auckland 1021 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 pm today Friday 13 September 2024.

Chas Farrelly must pay Kāinga Ora–Homes And Communities $948.00 immediately, being rent arrears to termination.

Reasons

The landlord attended the hearing by telephone.

The tenant was telephoned twice, 15 minutes apart, but did not answer and messages were left.

The landlord has applied for termination of the tenancy for abandonment and rent arrears.

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 14 August 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.

Rent had stopped being received from 20 June 2024. Letters were sent to the tenant regrading rent arrears and concerns that the tenant was not living at the property on 26 July 2024.

The premises were inspected on 14 August 2024 and it appeared that no one was living at the property and that the tenant had simply walked out. The landlord provided photographic evidence of the state of the property from its inspection.

The landlord has obtained confirmation that the tenant is in prison. Arrangements were made to join the tenant by telephone to the hearing but these were unsuccessful.

The Tribunal is satisfied that the tenant has abandoned the premises and that the rent is in arrears.

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.

Order

Chas Farrelly must pay Kāinga Ora–Homes And Communities $948.00 immediately, being rent arrears to termination.

Reasons

The landlord attended the hearing by telephone.

The tenant was telephoned twice, 15 minutes apart, but did not answer and messages were left.

The landlord has applied for termination of the tenancy for abandonment and rent arrears.

Should the tenancy be terminated?

On 14 August 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.

Rent had stopped being received from 20 June 2024. Letters were sent to the tenant regrading rent arrears and concerns that the tenant was not living at the property on 26 July 2024.

The landlord has obtained confirmation that the tenant is in prison. Arrangements were made to join the tenant by telephone to the hearing but these were unsuccessful.

The Tribunal is satisfied that the tenant has abandoned the premises and that the rent is in arrears.

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.

Tenancy Tribunal case 4989328 — Rent arrears at Unit/Flat 3A, 6 Burgoyne Street, Grey Lynn, Auckland 1021

At a glance

Tenancy Tribunal case 4989328 — Rent arrears at Unit/Flat 3A, 6 Burgoyne Street, Grey Lynn, Auckland 1021

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions