What was the outcome of Tenancy Tribunal case 5068868?

The tribunal order states: The tenancy of Sharna Purvis at 17 Wilson Street, PAHIATUA, Tararua 4910 is

How much money was awarded in case 5068868?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,550.00 awarded to landlord

What type of tenancy dispute was case 5068868?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5068868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11136872-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5068868?

The tribunal order states: The tenancy of Sharna Purvis at 17 Wilson Street, PAHIATUA, Tararua 4910 is

How much money was awarded in case 5068868?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,550.00 awarded to landlord

What type of tenancy dispute was case 5068868?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5068868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11136872-Tenancy_Tribunal_Order.pdf.

17 Wilson Street, PAHIATUA, Tararua 4910 Tenancy Tribunal Case 5068868 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5068868 — net $777.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,550.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$777.00
Total payable by Tenant to Landlord	$777.00

The tenancy of Sharna Purvis at 17 Wilson Street, PAHIATUA, Tararua 4910 is terminated, and possession is granted to Ella MASTERS, at 11:59pm, Tuesday 26 November 2024.

Sharna Purvis must pay Ella MASTERS $777.00 immediately, being rent arrears to 26 November 2024.

The Bond Centre is to pay the bond of $800.00 (3339508-012) to Ella MASTERS immediately.

Reasons

Both parties attended the phone hearing.

The landlord applied for termination of the tenancy for breach of the tenant’s obligations to pay rent following the issuing of a 14-day notice to remedy on 31 October 2024.

The landlord had sought to amend the application to seek an order that the tenant abandoned the premises on 17 November 2024, however I am not satisfied the tenant abandoned the property on that date. My reasons are set out below.

Should the tenancy be terminated for failure to pay rent?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986 (RTA).

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by failing to pay rent when due.

The landlord served a 14-day notice on the tenant on 31 October 2024 advising the tenant she owed $1,100 in rent and needed to make payment by 12 November 2024. The tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because the tenant has continued to accrue rent arrears and has now vacated the property.

The landlord sought an order that the tenancy terminated on 26 November 2024, and the tenant agreed.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing to 26 November 2024.

Was the property abandoned on 17 November 2024?

On the application of the landlord, the Tribunal may make an order terminating a tenancy where it is satisfied that the tenant has abandoned the premises and the rent is in arrear. See section 61 of the RTA.

After filing the application with the Tenancy Tribunal on 12 November 2024, the landlord sought to amend her claim to one of abandonment. The landlord submitted the tenant abandoned the property on 17 November 2024.

The landlord said on 17 November 2024 the property was left unlocked but the landlord has since secured it.

The landlord provided screenshots of messages between herself and the tenant. In a message to the landlord on 17 November 2024, the tenant apologised for the rent arrears and stated she would be coming back to the house the following Tuesday to remove her belongings and clean.

The tenant said she did return to the property on approximately 23 or 24 November 2024. The tenant said she was only at the property briefly and said she had to leave due to safety concerns. She said she did not enter the house and did not collect her belongings or clean the premises.

While I am satisfied the rent was in arrears at 17 November 2024, I am not satisfied the tenant had abandoned the property on that date. The tenant remained in contact with the landlord and stated she would be returning to the property to vacate her belongings. Personal belongings of hers and her children remain at the property, and the parties agreed to make arrangements for the tenant to uplift those items.

In any event, the parties agreed to an order that the tenancy came to an end as at 26 November 2024, and that rent is due to that date.

The tenant agreed to post the keys to the property back to the landlord. The landlord confirmed the tenant could post the keys to her postal address as stated on the tenancy agreement. Should the tenant reimburse the landlord’s filing fee?

Given the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5068868 — net $777.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,550.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$777.00
Total payable by Tenant to Landlord	$777.00

Order

The tenancy of Sharna Purvis at 17 Wilson Street, PAHIATUA, Tararua 4910 is terminated, and possession is granted to Ella MASTERS, at 11:59pm, Tuesday 26 November 2024.
Sharna Purvis must pay Ella MASTERS $777.00 immediately, being rent arrears to 26 November 2024.
The Bond Centre is to pay the bond of $800.00 (3339508-012) to Ella MASTERS immediately.

Reasons

Both parties attended the phone hearing.
The landlord applied for termination of the tenancy for breach of the tenant’s obligations to pay rent following the issuing of a 14-day notice to remedy on 31 October 2024.
The landlord had sought to amend the application to seek an order that the tenant abandoned the premises on 17 November 2024, however I am not satisfied the tenant abandoned the property on that date. My reasons are set out below.

Should the tenancy be terminated for failure to pay rent?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986 (RTA).
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to pay rent when due.
The landlord served a 14-day notice on the tenant on 31 October 2024 advising the tenant she owed $1,100 in rent and needed to make payment by 12 November 2024. The tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the tenant has continued to accrue rent arrears and has now vacated the property.
The landlord sought an order that the tenancy terminated on 26 November 2024, and the tenant agreed.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing to 26 November 2024.

Was the property abandoned on 17 November 2024?

On the application of the landlord, the Tribunal may make an order terminating a tenancy where it is satisfied that the tenant has abandoned the premises and the rent is in arrear. See section 61 of the RTA.
After filing the application with the Tenancy Tribunal on 12 November 2024, the landlord sought to amend her claim to one of abandonment. The landlord submitted the tenant abandoned the property on 17 November 2024.
The landlord said on 17 November 2024 the property was left unlocked but the landlord has since secured it.
The landlord provided screenshots of messages between herself and the tenant. In a message to the landlord on 17 November 2024, the tenant apologised for the rent arrears and stated she would be coming back to the house the following Tuesday to remove her belongings and clean.
The tenant said she did return to the property on approximately 23 or 24 November 2024. The tenant said she was only at the property briefly and said she had to leave due to safety concerns. She said she did not enter the house and did not collect her belongings or clean the premises.
While I am satisfied the rent was in arrears at 17 November 2024, I am not satisfied the tenant had abandoned the property on that date. The tenant remained in contact with the landlord and stated she would be returning to the property to vacate her belongings. Personal belongings of hers and her children remain at the property, and the parties agreed to make arrangements for the tenant to uplift those items.
In any event, the parties agreed to an order that the tenancy came to an end as at 26 November 2024, and that rent is due to that date.
The tenant agreed to post the keys to the property back to the landlord. The landlord confirmed the tenant could post the keys to her postal address as stated on the tenancy agreement. Should the tenant reimburse the landlord’s filing fee?
Given the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 5068868 — Rent arrears at 17 Wilson Street, PAHIATUA, Tararua 4910

At a glance

Tenancy Tribunal case 5068868 — Rent arrears at 17 Wilson Street, PAHIATUA, Tararua 4910

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated for failure to pay rent?

Was the property abandoned on 17 November 2024?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated for failure to pay rent?

Was the property abandoned on 17 November 2024?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions