What was Tenancy Tribunal case 5119975 about?

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

How much money was awarded in case 5119975?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,584.14 awarded to landlord

What type of tenancy dispute was case 5119975?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5119975?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11305623-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5119975 about?

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

How much money was awarded in case 5119975?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,584.14 awarded to landlord

What type of tenancy dispute was case 5119975?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5119975?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11305623-Tribunal_Order_Redacted.pdf.

5 Peter Tapp Way, Wainuiomata, Lower Hutt 5014 Tenancy Tribunal Case 5119975 — Rent arrears

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5 Peter Tapp Way, Wainuiomata, Lower Hutt 5014 Tenancy Tribunal Case 5119975 — 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 5119975 — net $3,431.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 29 January 2025	$6,584.14	Rent arrears as at 29 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,431.14
Total payable by Tenant to Landlord	$3,431.14

Claims and awards for application 5119975 — net $3,431.14 NZD. Verify on MoJ.

Rent arrears as at 29 January 2025

Amount: $6,584.14
Awarded to: Landlord
Reason: Rent arrears as at 29 January 2025

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,431.14

Total payable by Tenant to Landlord

Landlord $3,431.14

Claim types — money lines allowed on this order

Filing Fee Rent arrears

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 Derek Paul Ruscoe at 5 Peter Tapp Way, Wainuiomata, Lower Hutt 5014 is terminated, and possession is immediately granted to [The landlord/s].
The Bond Centre is to pay the bond of $3,180.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Derek Paul Ruscoe must pay [The landlord/s] $3,431.14 immediately, calculated as shown in the table below:

Reasons

This hearing was scheduled to be heard by video conference today. Mr Ruscoe did not link to the Teams link provided to him and both calls I made to the mobile number provided for him did not connect. 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.
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 11 December 2024 the tenant emailed the landlord advising that he wished to break his fixed term lease by giving 2 weeks’ notice of termination. The landlord advised that he would visit the property on 15 December 2024 to discuss the matter. The landlord went to the property on that day and saw that the property had been vacated.
The rent was already in arrears at that time and so Mr Ruscoe’s tenancy is terminated immediately.
A tenant who is on a fixed term lease and who abandons the tenancy prior to the expiry of that fixed term is required to pay rent until the expiry of the fixed term or until the date a new tenant rents the property.
Mr Ruscoe’s fixed term expires on 24 June 2025. However, the landlord has been able to find a new tenant who begins renting the premises on 30 January 2025. Mr Ruscoe is therefore required to pay rent until 29 January 2025.
I accept the evidence showing that as at 29 January 2025 the tenant owes $6,584.14 in rent.
Further to this, Mr Ruscoe is required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. C ter Haar 15 January 2025

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 5119975 — net $3,431.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 29 January 2025	$6,584.14	Rent arrears as at 29 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,431.14
Total payable by Tenant to Landlord	$3,431.14

Claims and awards for application 5119975 — net $3,431.14 NZD. Verify on MoJ.

Rent arrears as at 29 January 2025

Amount: $6,584.14
Awarded to: Landlord
Reason: Rent arrears as at 29 January 2025

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,431.14

Total payable by Tenant to Landlord

Landlord $3,431.14

Claim types — money lines allowed on this order

Filing Fee Rent arrears

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 Derek Paul Ruscoe at 5 Peter Tapp Way, Wainuiomata, Lower Hutt 5014 is terminated, and possession is immediately granted to [The landlord/s].
The Bond Centre is to pay the bond of $3,180.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Derek Paul Ruscoe must pay [The landlord/s] $3,431.14 immediately, calculated as shown in the table below:

Reasons

This hearing was scheduled to be heard by video conference today. Mr Ruscoe did not link to the Teams link provided to him and both calls I made to the mobile number provided for him did not connect. 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.
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 11 December 2024 the tenant emailed the landlord advising that he wished to break his fixed term lease by giving 2 weeks’ notice of termination. The landlord advised that he would visit the property on 15 December 2024 to discuss the matter. The landlord went to the property on that day and saw that the property had been vacated.
The rent was already in arrears at that time and so Mr Ruscoe’s tenancy is terminated immediately.
A tenant who is on a fixed term lease and who abandons the tenancy prior to the expiry of that fixed term is required to pay rent until the expiry of the fixed term or until the date a new tenant rents the property.
Mr Ruscoe’s fixed term expires on 24 June 2025. However, the landlord has been able to find a new tenant who begins renting the premises on 30 January 2025. Mr Ruscoe is therefore required to pay rent until 29 January 2025.
I accept the evidence showing that as at 29 January 2025 the tenant owes $6,584.14 in rent.
Further to this, Mr Ruscoe is required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. C ter Haar 15 January 2025

Tenancy Tribunal case 5119975 — Rent arrears at 5 Peter Tapp Way, Wainuiomata, Lower Hutt 5014

At a glance

Tenancy Tribunal case 5119975 — Rent arrears at 5 Peter Tapp Way, Wainuiomata, Lower Hutt 5014

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions