What was the outcome of Tenancy Tribunal case 5029229?

The tribunal order states: The tenancy of JULIA FOISAGA at 13B Cambridge Road, Manurewa, Auckland

How much money was awarded in case 5029229?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,383.42 awarded to landlord

What type of tenancy dispute was case 5029229?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5029229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11023558-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5029229?

The tribunal order states: The tenancy of JULIA FOISAGA at 13B Cambridge Road, Manurewa, Auckland

How much money was awarded in case 5029229?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,383.42 awarded to landlord

What type of tenancy dispute was case 5029229?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5029229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11023558-Tenancy_Tribunal_Order.pdf.

13B Cambridge Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5029229 — Rent arrears

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13B Cambridge Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5029229 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5029229 — net $1,410.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 October 2024	$1,383.42	Rent arrears to 11 October 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,410.42
Total payable by Tenant to Landlord	$1,410.42

Claims and awards for application 5029229 — net $1,410.42 NZD. Verify on MoJ.

Rent arrears to 11 October 2024

Amount: $1,383.42
Awarded to: Landlord
Reason: Rent arrears to 11 October 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,410.42

Total payable by Tenant to Landlord

Landlord $1,410.42

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of JULIA FOISAGA at 13B Cambridge Road, Manurewa, Auckland 2102 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.
JULIA FOISAGA must pay Kāinga Ora–Homes And Communities $1,410.42 immediately, being rent arrears to 11 October 2024.

Reasons

The landlord attended the hearing. The tenant did not.
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 13 August 2024, the landlord was advised by the tenant’s ex-partner that he had visited the property to visit his 1 year old son who he found at home alone. The tenant’s ex-partner reported this to the landlord and Oranga Tamariki. If a report has not already been made to the Police as well, it should be.
On 22 August 2024, the landlord received confirmation from Integrity Services that the tenant left the country for Samoa on 11 August 2024. This implies that she left her 1 year old son at home alone from this date when she departed the country. As at the date of the hearing, the tenant has not returned to New Zealand.
The landlord has not received any payment for rent since 13 August 2024.
On 13 September 2024, the landlord conducted an inspection of the property and discovered the property in disarray with lots of the tenant’s items removed.
Based on the above sequence of events, I find that the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises on 13 September 2024. Rent was in arrears of $775.42 on this date.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

A tenant who abandons premises is liable to pay the rent up to and including the date of expiry of the period of 28 days after the date on which the landlord first became aware, or ought reasonably to have become aware, that the tenant had abandoned the premises. See section 61(3)(a) Residential Tenancies Act 1986 (RTA).
The landlord first became aware, or ought reasonably to have become aware, that the tenant had abandoned the premises on 13 September 2024. 11 October 2024 is 28 days after this date. The landlord provided rent records, which prove that rent arrears totalled $1,383.42 on this date. Filing fee
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5029229 — net $1,410.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 October 2024	$1,383.42	Rent arrears to 11 October 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,410.42
Total payable by Tenant to Landlord	$1,410.42

Claims and awards for application 5029229 — net $1,410.42 NZD. Verify on MoJ.

Rent arrears to 11 October 2024

Amount: $1,383.42
Awarded to: Landlord
Reason: Rent arrears to 11 October 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,410.42

Total payable by Tenant to Landlord

Landlord $1,410.42

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of JULIA FOISAGA at 13B Cambridge Road, Manurewa, Auckland 2102 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.
JULIA FOISAGA must pay Kāinga Ora–Homes And Communities $1,410.42 immediately, being rent arrears to 11 October 2024.

Reasons

The landlord attended the hearing. The tenant did not.
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 13 August 2024, the landlord was advised by the tenant’s ex-partner that he had visited the property to visit his 1 year old son who he found at home alone. The tenant’s ex-partner reported this to the landlord and Oranga Tamariki. If a report has not already been made to the Police as well, it should be.
On 22 August 2024, the landlord received confirmation from Integrity Services that the tenant left the country for Samoa on 11 August 2024. This implies that she left her 1 year old son at home alone from this date when she departed the country. As at the date of the hearing, the tenant has not returned to New Zealand.
The landlord has not received any payment for rent since 13 August 2024.
On 13 September 2024, the landlord conducted an inspection of the property and discovered the property in disarray with lots of the tenant’s items removed.
Based on the above sequence of events, I find that the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises on 13 September 2024. Rent was in arrears of $775.42 on this date.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

A tenant who abandons premises is liable to pay the rent up to and including the date of expiry of the period of 28 days after the date on which the landlord first became aware, or ought reasonably to have become aware, that the tenant had abandoned the premises. See section 61(3)(a) Residential Tenancies Act 1986 (RTA).
The landlord first became aware, or ought reasonably to have become aware, that the tenant had abandoned the premises on 13 September 2024. 11 October 2024 is 28 days after this date. The landlord provided rent records, which prove that rent arrears totalled $1,383.42 on this date. Filing fee
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5029229 — Rent arrears at 13B Cambridge Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5029229 — Rent arrears at 13B Cambridge Road, 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

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