What was Tenancy Tribunal case 4995566 about?

The tribunal order states: The tenancy of Roberta Osborne and George Chute at [Tenancy address

How much money was awarded in case 4995566?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,400.00 awarded to landlord

What type of tenancy dispute was case 4995566?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4995566?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10904711-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4995566 about?

The tribunal order states: The tenancy of Roberta Osborne and George Chute at [Tenancy address

How much money was awarded in case 4995566?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,400.00 awarded to landlord

What type of tenancy dispute was case 4995566?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4995566?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10904711-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4995566 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4995566 — net $827.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,400.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$827.00
Total payable by Tenant to Landlord	$827.00

The tenancy of Roberta Osborne and George Chute at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5 pm, Wednesday, 02 October 2024.

Roberta Osborne and George Chute must pay [The landlord/s] $827.00 immediately, being rent arrears to 02 October 2024 and the filing fee. DescriptionLandlord Rent arrears$2,400.00 Filing fee reimbursement$27.00 Total award$2,427.00 Bond$1,600.00 Total payable by Tenant to Landlord$827.00

Reasons

Both parties attended the hearing via teleconference.

[The applicant/s] attended the hearing on behalf of the landlord.

The tenants, Ms Osborne and Mr Chute, attended the hearing.

The tenancy is a fixed-term tenancy for a year from 7 November 2023 to 6 November 2024.

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. 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 applicant/s] discovered that the tenants had abandoned the premises when they stopped paying rent on 14 August 2024. She submitted that although she had been understanding of their situation due to financial difficulties and the birth of their child, she became concerned as the rent arrears continued to increase.

On 5 September 2024, [The applicant/s] filed an application with the Tribunal for rent arrears and compensation for water rates. She updated her Tenancy Tribunal application, noting that the tenants had left, but she had yet to receive the keys. Later, when the tenants dropped off the keys after 5 September 2024, she updated the application to reflect that they had vacated the property.

Accordingly, [The applicant/s] became aware (or ought to have been aware) that the tenants had abandoned the premises because they were no longer paying the rent, vacated the premises and returned the keys to [The applicant/s]’s office.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

The tenants are liable to pay the rent until the expiry of the fixed term (which is 6 November 2024) or the commencement of a new tenancy of the premises. See section 61(3)(b) of the Residential Tenancies Act 1986.

I understand that [The applicant/s] will enter the premises and prepare the property for rent as soon as possible to minimise the tenants' responsibility under the fixed-term lease.

If there are any remaining issues to address after the final inspection, [The applicant/s] can apply to the Tribunal. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

Because [The applicant/s] has substantially succeeded in proceedings I grant the landlord’s application for name suppression.

Claims and awards in Tenancy Tribunal application 4995566 — net $827.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,400.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$827.00
Total payable by Tenant to Landlord	$827.00

Order

The tenancy of Roberta Osborne and George Chute at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5 pm, Wednesday, 02 October 2024.
Roberta Osborne and George Chute must pay [The landlord/s] $827.00 immediately, being rent arrears to 02 October 2024 and the filing fee. DescriptionLandlord Rent arrears$2,400.00 Filing fee reimbursement$27.00 Total award$2,427.00 Bond$1,600.00 Total payable by Tenant to Landlord$827.00

Reasons

Both parties attended the hearing via teleconference.
[The applicant/s] attended the hearing on behalf of the landlord.
The tenants, Ms Osborne and Mr Chute, attended the hearing.
The tenancy is a fixed-term tenancy for a year from 7 November 2023 to 6 November 2024.
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. 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 applicant/s] discovered that the tenants had abandoned the premises when they stopped paying rent on 14 August 2024. She submitted that although she had been understanding of their situation due to financial difficulties and the birth of their child, she became concerned as the rent arrears continued to increase.
On 5 September 2024, [The applicant/s] filed an application with the Tribunal for rent arrears and compensation for water rates. She updated her Tenancy Tribunal application, noting that the tenants had left, but she had yet to receive the keys. Later, when the tenants dropped off the keys after 5 September 2024, she updated the application to reflect that they had vacated the property.
Accordingly, [The applicant/s] became aware (or ought to have been aware) that the tenants had abandoned the premises because they were no longer paying the rent, vacated the premises and returned the keys to [The applicant/s]’s office.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
The tenants are liable to pay the rent until the expiry of the fixed term (which is 6 November 2024) or the commencement of a new tenancy of the premises. See section 61(3)(b) of the Residential Tenancies Act 1986.
I understand that [The applicant/s] will enter the premises and prepare the property for rent as soon as possible to minimise the tenants' responsibility under the fixed-term lease.
If there are any remaining issues to address after the final inspection, [The applicant/s] can apply to the Tribunal. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Because [The applicant/s] has substantially succeeded in proceedings I grant the landlord’s application for name suppression.

Tenancy Tribunal case 4995566 — Rent arrears

At a glance

Tenancy Tribunal case 4995566 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions