How much money was awarded in case 5016149?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,900.00 awarded to landlord

What type of tenancy dispute was case 5016149?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5016149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11104383-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5016149?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,900.00 awarded to landlord

What type of tenancy dispute was case 5016149?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5016149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11104383-Tribunal_Order_Redacted.pdf.

Unit/Flat 1803, 11 Liverpool Street, Auckland Central, Tenancy Tribunal Case 5016149 — Rent arrears

Q: What was Tenancy Tribunal case 5016149 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5016149 — net $5,927.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,900.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,927.00
Total payable by Tenant to Landlord	$5,927.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of Kenneth Koa Ball at Unit/Flat 1803, 11 Liverpool Street, Auckland Central, Auckland 1010 is terminated, and possession is granted to [The landlord/s], at 5.00pm on 20 November 2024.

Kenneth Koa Ball must pay [The landlord/s] $5,927.00 immediately being rent arears and filing fee, as calculated, and shown in the table below: DescriptionLandlord Rent arrears$5,900.00 Filing fee reimbursement$27.00 Total award$5,927.00 Total payable by Tenant to Landlord$5,927.00

Reasons

The landlord attended the hearing, the tenant did not attend.

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

This property had until September 2024 been managed by another property management company. That property management company became aware in May 2024 that the tenant was not living at the property. They had assumed that they could reclaim the property without recourse to the tenant or Tribunal to finalise the end of the tenancy.

The property was heavily methamphetamine (“meth”) contaminated and so required decontamination. This application is not referring to the decontamination costs.

The previous property managers sought and obtained a refund of the tenant’s bond of $1400.00 from the bond centre on 30 July 2024 for rent arrears.

This was a fixed term tenancy which had an end date of 15 August 2024.

Once a new property manager took over the property in September 2024, they realised that the correct processes had not been followed to ensure termination of the tenancy. This application is to finalise the termination of the tenancy.

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 12 May 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises after the premises were “raided” by police and the tenant left the property. The previously property manager believed that as the tenant had gone, they could take possession of the property without recourse to the Tribunal or tenant.

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 show a total of $10,650.00 owing from May 2024 to 20 November 2024.

I do not accept that the tenant should be required to pay that full amount of rent arrears. The previous property manager obtained the bond refund on 30 July 2024 for rent arrears and they knew the tenant had left in May 2024. I accept the tenant did not communicate that he needed to terminate the tenancy earlier most likely due to the circumstances he found himself in.

I am awarding rent arrears until the end of the fixed term tenancy on 15 August 2024. I acknowledge that the landlord has had to suffer a financial loss by not receiving the rent through no fault of theirs, however the previous property manager should have done more to mitigate the loss for the owners by applying for an early termination of the tenancy for abandonment.

I note that the property required a full decontaminating that would also hinder the opportunity to obtain new tenants sooner.

I find that the landlord has proven the amount of $5900.00 owing in rent arrears to the end of the fixed term tenancy. The amount ordered includes rent in lieu of notice.

The landlord sought suppression of their name and identifying details and as they have been successful with their application, I am granting suppression.

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

Claims and awards in Tenancy Tribunal application 5016149 — net $5,927.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,900.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,927.00
Total payable by Tenant to Landlord	$5,927.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Kenneth Koa Ball at Unit/Flat 1803, 11 Liverpool Street, Auckland Central, Auckland 1010 is terminated, and possession is granted to [The landlord/s], at 5.00pm on 20 November 2024.
Kenneth Koa Ball must pay [The landlord/s] $5,927.00 immediately being rent arears and filing fee, as calculated, and shown in the table below: DescriptionLandlord Rent arrears$5,900.00 Filing fee reimbursement$27.00 Total award$5,927.00 Total payable by Tenant to Landlord$5,927.00

Reasons

The landlord attended the hearing, the tenant did not attend.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
This property had until September 2024 been managed by another property management company. That property management company became aware in May 2024 that the tenant was not living at the property. They had assumed that they could reclaim the property without recourse to the tenant or Tribunal to finalise the end of the tenancy.
The property was heavily methamphetamine (“meth”) contaminated and so required decontamination. This application is not referring to the decontamination costs.
The previous property managers sought and obtained a refund of the tenant’s bond of $1400.00 from the bond centre on 30 July 2024 for rent arrears.
This was a fixed term tenancy which had an end date of 15 August 2024.
Once a new property manager took over the property in September 2024, they realised that the correct processes had not been followed to ensure termination of the tenancy. This application is to finalise the termination of the tenancy.

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 12 May 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises after the premises were “raided” by police and the tenant left the property. The previously property manager believed that as the tenant had gone, they could take possession of the property without recourse to the Tribunal or tenant.
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 show a total of $10,650.00 owing from May 2024 to 20 November 2024.
I do not accept that the tenant should be required to pay that full amount of rent arrears. The previous property manager obtained the bond refund on 30 July 2024 for rent arrears and they knew the tenant had left in May 2024. I accept the tenant did not communicate that he needed to terminate the tenancy earlier most likely due to the circumstances he found himself in.
I am awarding rent arrears until the end of the fixed term tenancy on 15 August 2024. I acknowledge that the landlord has had to suffer a financial loss by not receiving the rent through no fault of theirs, however the previous property manager should have done more to mitigate the loss for the owners by applying for an early termination of the tenancy for abandonment.
I note that the property required a full decontaminating that would also hinder the opportunity to obtain new tenants sooner.
I find that the landlord has proven the amount of $5900.00 owing in rent arrears to the end of the fixed term tenancy. The amount ordered includes rent in lieu of notice.
The landlord sought suppression of their name and identifying details and as they have been successful with their application, I am granting suppression.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5016149 — Rent arrears at Unit/Flat 1803, 11 Liverpool Street, Auckland Central,

At a glance

Tenancy Tribunal case 5016149 — Rent arrears at Unit/Flat 1803, 11 Liverpool Street, Auckland Central,

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