What was the outcome of Tenancy Tribunal case 4997189?

The tribunal order states: The tenancy of Khoa Nang Quynh and Bo Nguyen at Unit/Flat 108, 241 Flat

How much money was awarded in case 4997189?

Cleaning: $287.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,128.57 awarded to landlord; Rubbish Removal: $178.25 awarded to landlord; Water Rates: $20.27 awarded to landlord

What type of tenancy dispute was case 4997189?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4997189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10884009-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4997189?

The tribunal order states: The tenancy of Khoa Nang Quynh and Bo Nguyen at Unit/Flat 108, 241 Flat

How much money was awarded in case 4997189?

Cleaning: $287.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,128.57 awarded to landlord; Rubbish Removal: $178.25 awarded to landlord; Water Rates: $20.27 awarded to landlord

What type of tenancy dispute was case 4997189?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4997189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10884009-Tenancy_Tribunal_Order.pdf.

Unit/Flat 108, 241 Flat Bush School Road, Flat Bush, Tenancy Tribunal Case 4997189 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4997189 — net $721.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,128.57	Rent arrears
Cleaning	$287.50	Cleaning
Rubbish removal	$178.25	Rubbish removal
Water rates	$20.27	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$721.59
Total payable by Tenant to Landlord	$721.59

The tenancy of Khoa Nang Quynh and Bo Nguyen at Unit/Flat 108, 241 Flat Bush School Road, Flat Bush, Auckland 2019 is terminated, and possession is granted to Golden Links Property Management Limited As Agent For Xiaowen Li immediately.

The Bond Centre is to pay the bond of $2,920.00 (6513725-006) to Golden Links Property Management Limited As Agent For Xiaowen Li immediately.

Khoa Nang Quynh and Bo Nguyen must pay Golden Links Property Management Limited As Agent For Xiaowen Li $721.59 immediately, calculated as shown in the table below:

Reasons

The landlord attended this video hearing.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenants at the allocated hearing time on the numbers provided. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation 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 (“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.

On 1 September 2024 the landlord received a txt from the tenant saying that the tenant could no longer afford to remain at the premises. On 3 September 2024 the landlord visited the premises and found them empty. The landlord became aware (or ought to have been aware) that the tenant had abandoned the premises on 3 September 2024.

As 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 at the end of the tenancy. The amount ordered includes rent in lieu of notice of 28 days from the date of abandonment. The landlord provided water rates invoices for $20.27.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, See section 40(1)(e)(ii)-(v) RTA.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises and invoices for cleaning of $287.50 and rubbish removal of $178.25. The amounts claimed are reasonable.

The landlord applied for break lease costs. The landlord had not provided an itemised account to the tenant. Where a landlord has consented to an assignment ( under s.43B RTA), a subletting or parting with possession (under s.44 RTA), or to termination of the tenancy (in accordance with s.50(1)(d) RTA), the landlord may recover from the outgoing tenant any expenses incurred providing the landlord has first given the tenant an itemised account of the expenses. The landlord application does not fall within the requirements of s.44A RTA and is dismissed.

As Golden Links Property Management Limited As Agent For Xiaowen Li has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4997189 — net $721.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,128.57	Rent arrears
Cleaning	$287.50	Cleaning
Rubbish removal	$178.25	Rubbish removal
Water rates	$20.27	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$721.59
Total payable by Tenant to Landlord	$721.59

Order

The tenancy of Khoa Nang Quynh and Bo Nguyen at Unit/Flat 108, 241 Flat Bush School Road, Flat Bush, Auckland 2019 is terminated, and possession is granted to Golden Links Property Management Limited As Agent For Xiaowen Li immediately.
The Bond Centre is to pay the bond of $2,920.00 (6513725-006) to Golden Links Property Management Limited As Agent For Xiaowen Li immediately.
Khoa Nang Quynh and Bo Nguyen must pay Golden Links Property Management Limited As Agent For Xiaowen Li $721.59 immediately, calculated as shown in the table below:

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenants at the allocated hearing time on the numbers provided. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation 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 (“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.
On 1 September 2024 the landlord received a txt from the tenant saying that the tenant could no longer afford to remain at the premises. On 3 September 2024 the landlord visited the premises and found them empty. The landlord became aware (or ought to have been aware) that the tenant had abandoned the premises on 3 September 2024.
As 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 at the end of the tenancy. The amount ordered includes rent in lieu of notice of 28 days from the date of abandonment. The landlord provided water rates invoices for $20.27.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, See section 40(1)(e)(ii)-(v) RTA.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises and invoices for cleaning of $287.50 and rubbish removal of $178.25. The amounts claimed are reasonable.
The landlord applied for break lease costs. The landlord had not provided an itemised account to the tenant. Where a landlord has consented to an assignment ( under s.43B RTA), a subletting or parting with possession (under s.44 RTA), or to termination of the tenancy (in accordance with s.50(1)(d) RTA), the landlord may recover from the outgoing tenant any expenses incurred providing the landlord has first given the tenant an itemised account of the expenses. The landlord application does not fall within the requirements of s.44A RTA and is dismissed.
As Golden Links Property Management Limited As Agent For Xiaowen Li has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.

Tenancy Tribunal case 4997189 — Rent arrears at Unit/Flat 108, 241 Flat Bush School Road, Flat Bush,

At a glance

Tenancy Tribunal case 4997189 — Rent arrears at Unit/Flat 108, 241 Flat Bush School Road, Flat Bush,

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Did the tenant comply with their obligations at the end of the tenancy?

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?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions