How much money was awarded in case 4992431?

Rent Arrears: $6,582.24 awarded to landlord

What type of tenancy dispute was case 4992431?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4992431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10938285-Tribunal_Order.pdf.

How much money was awarded in case 4992431?

Rent Arrears: $6,582.24 awarded to landlord

What type of tenancy dispute was case 4992431?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4992431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10938285-Tribunal_Order.pdf.

30 Burndale Terrace, Manurewa, Auckland 2102 Tenancy Tribunal Case 4992431 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4992431?

The tribunal order states: The tenancy of Misty Wairata Terrace also known as Misty Wairata Page at 30

Order

Claims and awards in Tenancy Tribunal application 4992431 — net $4,632.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 September 2024	$6,582.24	Rent arrears to 16 September 2024
Net award	$4,632.24
Total payable by Tenant to Landlord	$4,632.24

The tenancy of Misty Wairata Terrace also known as Misty Wairata Page at 30 Burndale Terrace, Manurewa, Auckland 2102 is terminated, and possession is granted to Crystal Realty Limited T/A: Harcourts Mt Roskill As Agent For Harpreet Singh Sangu, at 11:59pm, Thursday 10 October 2024.

The Bond Centre is to pay the bond of $1,950.00 (5048450-006) to Crystal Realty Limited T/A: Harcourts Mt Roskill As Agent For Harpreet Singh Sangu immediately.

Misty Wairata Terrace also known as Misty Wairata Page must pay Crystal Realty Limited T/A: Harcourts Mt Roskill As Agent For Harpreet Singh Sangu $4,632.24 immediately, calculated as shown in the table below:

Reasons

The landlord’s agent attended the phone hearing. A call to the tenant’s last known number went to voicemail.

Following an application for expedited abandonment which was declined, the landlord’s agent 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.

The landlord’s last communication with the tenant was on 19 July 2024 when the tenant emailed him to say she was in hospital but expected to be back home by Monday 22 July 2024. The purpose of the email communications was to arrange a time for inspection of the premises. The inspection was set for Friday 26 July 2024, however the tenant did not respond to calls or texts from the landlord’s agent on Thursday 25 July 2024, therefore the inspection did not go ahead on Friday 26 July 2024.

The landlord’s agent next attended the property on 19 August 2024. On that occasion he says he knocked on the front door but no one was home. He attempted to open the front door with the master key but was unable to. He says it appeared the lock had been broken or had been changed. The landlord’s agent said the only room he was able to see into was the lounge room which he said was vacant with only rags lying around. There was no furniture in the lounge.

The landlord’s agent attended the property again on 23 August 2024 but did not go beyond the front gate which was jammed shut. He took two photos of the driveway area only. He attended again on 28 August 2024, this time with a handyman to open the gate. On that occasion, he said the lounge room looked the same as on the first occasion. He did not take photos on his visits on either 19 August 2024 or 28 August 2024.

On 19 September 2024, the landlord’s agent made a subsequent visit to take photos. The photos show the lounge room with no furniture, and some pots and pans and other rubbish lying around. On that occasion, the landlord’s agent spoke to the neighbour who said he had not seen anyone at the house for 7 – 8 weeks.

I find that on 19 August 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. On that date, the landlord was able to see into the lounge area and see that there was no furniture present. The landlord had also not been able to contact the tenant (or receive a response from the tenant) since her email communication on 19 July 2024.

As the premises have been abandoned, and rent is currently in arrears, 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. The amount ordered includes rent in lieu of notice, being 28 days from the date the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.

The tenant is liable for rent in lieu of notice up until 16 September 2024.

Claims and awards in Tenancy Tribunal application 4992431 — net $4,632.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 September 2024	$6,582.24	Rent arrears to 16 September 2024
Net award	$4,632.24
Total payable by Tenant to Landlord	$4,632.24

Order

The tenancy of Misty Wairata Terrace also known as Misty Wairata Page at 30 Burndale Terrace, Manurewa, Auckland 2102 is terminated, and possession is granted to Crystal Realty Limited T/A: Harcourts Mt Roskill As Agent For Harpreet Singh Sangu, at 11:59pm, Thursday 10 October 2024.
The Bond Centre is to pay the bond of $1,950.00 (5048450-006) to Crystal Realty Limited T/A: Harcourts Mt Roskill As Agent For Harpreet Singh Sangu immediately.
Misty Wairata Terrace also known as Misty Wairata Page must pay Crystal Realty Limited T/A: Harcourts Mt Roskill As Agent For Harpreet Singh Sangu $4,632.24 immediately, calculated as shown in the table below:

Reasons

The landlord’s agent attended the phone hearing. A call to the tenant’s last known number went to voicemail.
Following an application for expedited abandonment which was declined, the landlord’s agent 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.
The landlord’s last communication with the tenant was on 19 July 2024 when the tenant emailed him to say she was in hospital but expected to be back home by Monday 22 July 2024. The purpose of the email communications was to arrange a time for inspection of the premises. The inspection was set for Friday 26 July 2024, however the tenant did not respond to calls or texts from the landlord’s agent on Thursday 25 July 2024, therefore the inspection did not go ahead on Friday 26 July 2024.
The landlord’s agent next attended the property on 19 August 2024. On that occasion he says he knocked on the front door but no one was home. He attempted to open the front door with the master key but was unable to. He says it appeared the lock had been broken or had been changed. The landlord’s agent said the only room he was able to see into was the lounge room which he said was vacant with only rags lying around. There was no furniture in the lounge.
The landlord’s agent attended the property again on 23 August 2024 but did not go beyond the front gate which was jammed shut. He took two photos of the driveway area only. He attended again on 28 August 2024, this time with a handyman to open the gate. On that occasion, he said the lounge room looked the same as on the first occasion. He did not take photos on his visits on either 19 August 2024 or 28 August 2024.
On 19 September 2024, the landlord’s agent made a subsequent visit to take photos. The photos show the lounge room with no furniture, and some pots and pans and other rubbish lying around. On that occasion, the landlord’s agent spoke to the neighbour who said he had not seen anyone at the house for 7 – 8 weeks.
I find that on 19 August 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. On that date, the landlord was able to see into the lounge area and see that there was no furniture present. The landlord had also not been able to contact the tenant (or receive a response from the tenant) since her email communication on 19 July 2024.
As the premises have been abandoned, and rent is currently in arrears, 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. The amount ordered includes rent in lieu of notice, being 28 days from the date the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
The tenant is liable for rent in lieu of notice up until 16 September 2024.

Tenancy Tribunal case 4992431 — Rent arrears at 30 Burndale Terrace, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4992431 — Rent arrears at 30 Burndale Terrace, Manurewa, Auckland 2102

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

Property management

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

Property management

Frequently asked questions