How much money was awarded in case 5079648?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,365.00 awarded to landlord

What type of tenancy dispute was case 5079648?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5079648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11157212-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5079648?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,365.00 awarded to landlord

What type of tenancy dispute was case 5079648?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5079648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11157212-Tribunal_Order_Redacted.pdf.

50 Maria Place, Turangi, Turangi 3334 Tenancy Tribunal Case 5079648 — Rent arrears

Q: What was Tenancy Tribunal case 5079648 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5079648 — net $952.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 2 December 2024	$2,365.00	Rent arrears as at 2 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$952.00
Total payable by Tenant to Landlord	$952.00

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

The tenancy of Rameka Te Himana Quinlan Puhi at 50 Maria Place, Turangi, Turangi 3334 is terminated, and possession is immediately granted to [The landlord/s]..

The Bond Centre is to pay the bond of $1,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Rameka Te Himana Quinlan Puhi must pay [The landlord/s] $952.00 immediately, calculated as shown in the table below:

Reasons

This application was scheduled to be heard by telephone. The tenant was unable to attend the hearing because he is incarcerated and so the hearing proceeded in his absence.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, reimbursement of the filing fee and payment 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 tenant’s incarceration does not neatly fit into this definition of abandonment. His leaving of the premises was because of an arrest. However, there has been no communication from the tenant regarding his situation and it is only by way of the tenant’s sister that the landlord has come to learn of Mr Puhi’s situation.

Although the landlord was advised on 23 October 2024 that Mr Puhi had been arrested and was in prison, the landlord was not made aware that this was a long term situation until they were advised by his sister on 28 November 2024 that she had removed Mr Puhi’s belongings from the premises. The keys were also returned on that date.

Mr Puhi’s tenancy is therefore terminated immediately.

How much does the tenant owe?

A tenant is required to pay rent for 28 days’ from the date at which the landlord became aware, or ought to have been aware, that the property had been abandoned, or until the date that a new tenancy starts, whichever is the earlier.

I consider that the date that the landlord became aware of the ’abandonment’ was on 28 November 2024 when Mr Puhi’s sister emailed the landlord advising that she had removed his belongings from the tenancy. Mr Puhi is therefore required to pay 28 days’ rent from this date in lieu of the usual notice period, or until the date a new tenancy starts.

At this stage Mr Puhi is only required to pay rent to today’s date because I do not know whether a new tenancy will start within the 28 days’ notice period.

I accept the evidence showing that as at today’s date the rent arrears amount to $2,365.00.

I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. C ter Haar 02 December 2024

Order

Claims and awards in Tenancy Tribunal application 5079648 — net $952.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 2 December 2024	$2,365.00	Rent arrears as at 2 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$952.00
Total payable by Tenant to Landlord	$952.00

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

The tenancy of Rameka Te Himana Quinlan Puhi at 50 Maria Place, Turangi, Turangi 3334 is terminated, and possession is immediately granted to [The landlord/s]..

The Bond Centre is to pay the bond of $1,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Rameka Te Himana Quinlan Puhi must pay [The landlord/s] $952.00 immediately, calculated as shown in the table below:

Reasons

This application was scheduled to be heard by telephone. The tenant was unable to attend the hearing because he is incarcerated and so the hearing proceeded in his absence.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, reimbursement of the filing fee and payment of the bond.

Should the tenancy be terminated?

Mr Puhi’s tenancy is therefore terminated immediately.

How much does the tenant owe?

At this stage Mr Puhi is only required to pay rent to today’s date because I do not know whether a new tenancy will start within the 28 days’ notice period.

I accept the evidence showing that as at today’s date the rent arrears amount to $2,365.00.

I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. C ter Haar 02 December 2024

Tenancy Tribunal case 5079648 — Rent arrears at 50 Maria Place, Turangi, Turangi 3334

At a glance

Tenancy Tribunal case 5079648 — Rent arrears at 50 Maria Place, Turangi, Turangi 3334

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