How much money was awarded in case 5106249?

Property Damage: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,692.86 awarded to landlord

What type of tenancy dispute was case 5106249?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5106249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11459542-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5106249?

Property Damage: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,692.86 awarded to landlord

What type of tenancy dispute was case 5106249?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5106249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11459542-Tribunal_Order_Redacted.pdf.

10B Marshall Street, Fairfield, Hamilton 3214 Tenancy Tribunal Case 5106249 — Rent arrears

Q: What was Tenancy Tribunal case 5106249 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 5106249 — net $3,929.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 21 February 2025	$5,692.86	Rent arrears as at 21 February 2025
Exemplary damages – abandoning premises	$250.00	Exemplary damages – abandoning premises
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,929.86
Total payable by Tenant to Landlord	$3,929.86

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 Bree Ariel Jayne Poppen at 10B Marshall Street, Fairfield, Hamilton 3214 is terminated, and possession is immediately granted to [The landlord/s].

The Bond Centre is to pay the bond of $2040.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Bree Ariel Jayne Poppen must pay the landlord $3,929.86 immediately, as calculated in the table below.immediately, calculated as shown in the table below.

Reasons

This application was scheduled to be heard by video conference. Ms Poppen did not link to the Teams link provided to her and both of my calls to the number provided for her went to voicemail. The hearing therefore proceeded in her absence.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, exemplary damages for abandonment, reimbursement of the filing fee 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 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 14 January 2025 the landlord became aware that the tenant had abandoned the premises when a routine inspection was conducted. The landlord found that Ms Poppen had removed all of her furniture and was no longer resident. The landlord contacted the tenant by email and in a return email the tenant confirmed that she had moved out.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

Ms Poppen had a fixed term tenancy which was due to expire on 26 July 2025. She is therefore required to pay rent until the expiry date or until the date a new tenant is found for the premises, whichever is the earlier.

I accept the evidence provided today indicating that a new tenancy is starting at the premises on 22 February 2025 and so Ms Poppen is required to pay rent to 21 February 2025.

The rent record shows that as at 21 February 2025, $5,692.86 is owing in rent. She is required to pay this amount.

The landlord also makes a claim for exemplary damages against the tenant for abandoning the premises.

Section 61(5) Residential Tenancies Act 1986 (RTA) provides that abandoning premises is an unlawful act.

Section 109 RTA provides that if the Tribunal is satisfied that a party has intentionally committed an unlawful act, then the Tribunal may make an award of exemplary damages after having regard to the intent of the person committing the unlawful act, the effect of the unlawful act, the interests of the person against whom the unlawful act was committed and the public interest.

Ms Poppen obviously intentionally abandoned the premises. She did not attend the hearing and so I could not ascertain what her intention was or why she did so.

In coming to an award of exemplary damages of $250.00 I have taken into account that Ms Poppen has already been ordered to pay rent arrears, that the landlord intends to file a further claim against her for such things as damages and cleaning and so she will be required to pay costs if the further claims are proven.

I have also taken into account the public interest in tenants abiding by their obligations and that awards of exemplary damages are intended to be punitive in nature.

Further to this, I have ordered Ms Poppen to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her. C ter Haar 19 February 2025

Claims and awards in Tenancy Tribunal application 5106249 — net $3,929.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 21 February 2025	$5,692.86	Rent arrears as at 21 February 2025
Exemplary damages – abandoning premises	$250.00	Exemplary damages – abandoning premises
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,929.86
Total payable by Tenant to Landlord	$3,929.86

Order

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 Bree Ariel Jayne Poppen at 10B Marshall Street, Fairfield, Hamilton 3214 is terminated, and possession is immediately granted to [The landlord/s].
The Bond Centre is to pay the bond of $2040.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Bree Ariel Jayne Poppen must pay the landlord $3,929.86 immediately, as calculated in the table below.immediately, calculated as shown in the table below.

Reasons

This application was scheduled to be heard by video conference. Ms Poppen did not link to the Teams link provided to her and both of my calls to the number provided for her went to voicemail. The hearing therefore proceeded in her absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, exemplary damages for abandonment, reimbursement of the filing fee 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 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 14 January 2025 the landlord became aware that the tenant had abandoned the premises when a routine inspection was conducted. The landlord found that Ms Poppen had removed all of her furniture and was no longer resident. The landlord contacted the tenant by email and in a return email the tenant confirmed that she had moved out.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

Ms Poppen had a fixed term tenancy which was due to expire on 26 July 2025. She is therefore required to pay rent until the expiry date or until the date a new tenant is found for the premises, whichever is the earlier.
I accept the evidence provided today indicating that a new tenancy is starting at the premises on 22 February 2025 and so Ms Poppen is required to pay rent to 21 February 2025.
The rent record shows that as at 21 February 2025, $5,692.86 is owing in rent. She is required to pay this amount.
The landlord also makes a claim for exemplary damages against the tenant for abandoning the premises.
Section 61(5) Residential Tenancies Act 1986 (RTA) provides that abandoning premises is an unlawful act.
Section 109 RTA provides that if the Tribunal is satisfied that a party has intentionally committed an unlawful act, then the Tribunal may make an award of exemplary damages after having regard to the intent of the person committing the unlawful act, the effect of the unlawful act, the interests of the person against whom the unlawful act was committed and the public interest.
Ms Poppen obviously intentionally abandoned the premises. She did not attend the hearing and so I could not ascertain what her intention was or why she did so.
In coming to an award of exemplary damages of $250.00 I have taken into account that Ms Poppen has already been ordered to pay rent arrears, that the landlord intends to file a further claim against her for such things as damages and cleaning and so she will be required to pay costs if the further claims are proven.
I have also taken into account the public interest in tenants abiding by their obligations and that awards of exemplary damages are intended to be punitive in nature.
Further to this, I have ordered Ms Poppen to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her. C ter Haar 19 February 2025

Tenancy Tribunal case 5106249 — Rent arrears at 10B Marshall Street, Fairfield, Hamilton 3214

At a glance

Tenancy Tribunal case 5106249 — Rent arrears at 10B Marshall Street, Fairfield, Hamilton 3214

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