What was the outcome of Tenancy Tribunal case 5096268?

The tribunal order states: The tenancy of Andrew Charles Randell at 40A Walmer Road, Point Chevalier,

How much money was awarded in case 5096268?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $642.86 awarded to landlord

What type of tenancy dispute was case 5096268?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5096268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11283412-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5096268?

The tribunal order states: The tenancy of Andrew Charles Randell at 40A Walmer Road, Point Chevalier,

How much money was awarded in case 5096268?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $642.86 awarded to landlord

What type of tenancy dispute was case 5096268?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5096268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11283412-Tribunal_Order.pdf.

40A Walmer Road, Point Chevalier, Auckland 1022 Tenancy Tribunal Case 5096268 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5096268 — net $669.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 December 2024	$642.86	Rent arrears to 1 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$669.86
Total payable by Tenant to Landlord	$669.86

The tenancy of Andrew Charles Randell at 40A Walmer Road, Point Chevalier, Auckland 1022 is terminated, and possession is granted to Anthony John Lowen and Cazna Lowen immediately.

The Bond Centre is to pay the bond of $669.86 (5224351-013) to Anthony John Lowen and Cazna Lowen immediately, as calculated in the table below:

The Bond Centre is to pay $669.86 from the bond of $$1,800.00 (5224351-013) to Anthony John Lowen and Cazna Lowen immediately.

The balance of the bond of $1,130.14 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for abandonment, rent arrears 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 arrears 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 3 November 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord lives in a house on the same site as the tenant, so they were immediately aware that no one was living in the property. For example, washing remained on the clothesline, rotting food was left in the property and they observed no one arriving or leaving the property. The landlord provided photographic evidence.

The tenant confirms that he left the property, did not notify the landlord, did not return and is unable to continue living at the property.

Because the premises have been abandoned, and rent is in arrears, 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.

Section 61(2) provides that where the Tribunal makes an order that the premises have been abandoned, the tenant will be liable to pay rent up until 28 days after the date the landlord became aware of the abandonment or the date a new tenancy is commenced.

No new tenancy has commenced. As noted above, the abandonment date was 3 November 2024.

The landlord has applied for rent arrears and has provided rent records. I have calculated the rent to 1 December 2024, being 28 days from the date of abandonment.

Because Anthony Lowen and Cazna Lowen has wholly succeeded with the claim I must reimburse the filing fee.

The landlord may wish to make further claims with respect to additional costs incurred, for example, costs for disposal of goods at the tenancy address. For that reason, the balance of the bond has been directed to be held at the Bond Centre. R Harvey-Lane 10 January 2025

Order

Claims and awards in Tenancy Tribunal application 5096268 — net $669.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 December 2024	$642.86	Rent arrears to 1 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$669.86
Total payable by Tenant to Landlord	$669.86

The tenancy of Andrew Charles Randell at 40A Walmer Road, Point Chevalier, Auckland 1022 is terminated, and possession is granted to Anthony John Lowen and Cazna Lowen immediately.

The Bond Centre is to pay the bond of $669.86 (5224351-013) to Anthony John Lowen and Cazna Lowen immediately, as calculated in the table below:

The Bond Centre is to pay $669.86 from the bond of $$1,800.00 (5224351-013) to Anthony John Lowen and Cazna Lowen immediately.

The balance of the bond of $1,130.14 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing.

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

Should the tenancy be terminated?

The tenant confirms that he left the property, did not notify the landlord, did not return and is unable to continue living at the property.

Because the premises have been abandoned, and rent is in arrears, 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.

No new tenancy has commenced. As noted above, the abandonment date was 3 November 2024.

The landlord has applied for rent arrears and has provided rent records. I have calculated the rent to 1 December 2024, being 28 days from the date of abandonment.

Because Anthony Lowen and Cazna Lowen has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5096268 — Rent arrears at 40A Walmer Road, Point Chevalier, Auckland 1022

At a glance

Tenancy Tribunal case 5096268 — Rent arrears at 40A Walmer Road, Point Chevalier, Auckland 1022

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