What was the outcome of Tenancy Tribunal case 5107009?

The tribunal order states: The tenancy of Jayden Windsor Tuki at Unit/Flat Unit 1, 1 Antalya Place,

How much money was awarded in case 5107009?

4 Weeks Rent In Lieu Of Notice: $304.00 awarded to landlord; Rent Arrears: $908.58 awarded to landlord

What type of tenancy dispute was case 5107009?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5107009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11284061-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5107009?

The tribunal order states: The tenancy of Jayden Windsor Tuki at Unit/Flat Unit 1, 1 Antalya Place,

How much money was awarded in case 5107009?

4 Weeks Rent In Lieu Of Notice: $304.00 awarded to landlord; Rent Arrears: $908.58 awarded to landlord

What type of tenancy dispute was case 5107009?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5107009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11284061-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 1, 1 Antalya Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5107009 — Rent arrears

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Unit/Flat Unit 1, 1 Antalya Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 5107009 — 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 5107009 — net $1,212.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 October 2024	$908.58	Rent arrears to 10 October 2024
4 weeks rent in lieu of notice	$304.00	4 weeks rent in lieu of notice
Net award	$1,212.58
Total payable by Tenant to Landlord	$1,212.58

Claims and awards for application 5107009 — net $1,212.58 NZD. Verify on MoJ.

Rent arrears to 10 October 2024

Amount: $908.58
Awarded to: Landlord
Reason: Rent arrears to 10 October 2024

4 weeks rent in lieu of notice

Amount: $304.00
Awarded to: Landlord
Reason: 4 weeks rent in lieu of notice

Net award

Landlord $1,212.58

Total payable by Tenant to Landlord

Landlord $1,212.58

Claim types — money lines allowed on this order

Rent arrears

Order

The tenancy of Jayden Windsor Tuki at Unit/Flat Unit 1, 1 Antalya Place, Manurewa, Auckland 2102 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.
Jayden Windsor Tuki must pay Kāinga Ora–Homes And Communities $1,212.58 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing. The tenant did not answer the calls made to his phone.
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 (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 10 October 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant was in prison on 10 October 2024 but the tenant did not tell the landlord. The landlord made enquiries and was advised the tenant hoped to return to the tenancy premises on electronic bail. The landlord said the tenant now has electronic bail, but to a different address. The tenant will not give notice to terminate the tenancy. It seems most likely to me the tenancy has been abandoned because: • The tenant left the tenancy premises and did not tell the landlord he was no longer living there. • The tenant hoping to return to the tenancy premises is insufficient to establish an intention to return under section 61, when the decision about bail or incarceration is not one the tenant can make. • The tenant has not met his obligations because he has not lived at the tenancy premises for three months now and the rent arrears are significant.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
Suppression is not allowed because there is public interest in social housing. See 95A RTA.

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 5107009 — net $1,212.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 October 2024	$908.58	Rent arrears to 10 October 2024
4 weeks rent in lieu of notice	$304.00	4 weeks rent in lieu of notice
Net award	$1,212.58
Total payable by Tenant to Landlord	$1,212.58

Claims and awards for application 5107009 — net $1,212.58 NZD. Verify on MoJ.

Rent arrears to 10 October 2024

Amount: $908.58
Awarded to: Landlord
Reason: Rent arrears to 10 October 2024

4 weeks rent in lieu of notice

Amount: $304.00
Awarded to: Landlord
Reason: 4 weeks rent in lieu of notice

Net award

Landlord $1,212.58

Total payable by Tenant to Landlord

Landlord $1,212.58

Claim types — money lines allowed on this order

Rent arrears

Order

The tenancy of Jayden Windsor Tuki at Unit/Flat Unit 1, 1 Antalya Place, Manurewa, Auckland 2102 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.
Jayden Windsor Tuki must pay Kāinga Ora–Homes And Communities $1,212.58 immediately, calculated as shown in table below:

Reasons

The landlord attended the hearing. The tenant did not answer the calls made to his phone.
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 (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 10 October 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant was in prison on 10 October 2024 but the tenant did not tell the landlord. The landlord made enquiries and was advised the tenant hoped to return to the tenancy premises on electronic bail. The landlord said the tenant now has electronic bail, but to a different address. The tenant will not give notice to terminate the tenancy. It seems most likely to me the tenancy has been abandoned because: • The tenant left the tenancy premises and did not tell the landlord he was no longer living there. • The tenant hoping to return to the tenancy premises is insufficient to establish an intention to return under section 61, when the decision about bail or incarceration is not one the tenant can make. • The tenant has not met his obligations because he has not lived at the tenancy premises for three months now and the rent arrears are significant.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
Suppression is not allowed because there is public interest in social housing. See 95A RTA.

Tenancy Tribunal case 5107009 — Rent arrears at Unit/Flat Unit 1, 1 Antalya Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5107009 — Rent arrears at Unit/Flat Unit 1, 1 Antalya Place, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions