What was the outcome of Tenancy Tribunal case 5120613?

The tribunal order states: The tenancy of Amber Mary Driscoe-Litherland at 229B Don Buck Road,

How much money was awarded in case 5120613?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5120613?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5120613?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11283358-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5120613?

The tribunal order states: The tenancy of Amber Mary Driscoe-Litherland at 229B Don Buck Road,

How much money was awarded in case 5120613?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5120613?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5120613?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11283358-Tenancy_Tribunal_Order.pdf.

229B Don Buck Road, Massey, Auckland 0614 Tenancy Tribunal Case 5120613 — Rent arrears

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229B Don Buck Road, Massey, Auckland 0614 Tenancy Tribunal Case 5120613 — 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 5120613. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Filing fee reimbursement	$27.00		Filing fee reimbursement

Claims and awards for application 5120613. Verify on MoJ.

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee

Order

The tenancy of Amber Mary Driscoe-Litherland at 229B Don Buck Road, Massey, Auckland 0614 is terminated, and possession is granted to Oaklands Rentals Limited, immediately.
Amber Mary Driscoe-Litherland will pay Oaklands Rentals Limited the sum of $27.00 immediately.

Reasons

The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986.

Are there grounds for an expedited application?

I am satisfied that the two requirements for the expedited process are met: a. The tenant does not want to contest the abandonment application. b. The information provided by the landlord with the application is sufficient to enable the Tribunal to determine it properly without a hearing (either on the basis of that information alone or with only minor clarifications).

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. 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 December 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Notice was given for a 48 hour inspection and aside from some rubbish remaining, the house was empty. Photographic evdeicne supported this. There had been a fire on the stove which they had not been notified about. The landlord made repeated calls to the tenant and sent a number of emails which had been the tenant’s preferred mode of communication and had always been responded too, but no replies were received. 14 day notices that had been served regarding rent arrears were still in the letterbox. Further visits were made to the property and it remained empty and no one was seen.
The landlord provided rent records which prove the amount owing at today’s date.
Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.
All the requirements for an expedited abandonment application have been met.
Because Oaklands Rentals Limited has wholly succeeded with the claim I must reimburse the filing fee.

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 5120613. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Filing fee reimbursement	$27.00		Filing fee reimbursement

Claims and awards for application 5120613. Verify on MoJ.

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee

Order

The tenancy of Amber Mary Driscoe-Litherland at 229B Don Buck Road, Massey, Auckland 0614 is terminated, and possession is granted to Oaklands Rentals Limited, immediately.
Amber Mary Driscoe-Litherland will pay Oaklands Rentals Limited the sum of $27.00 immediately.

Reasons

The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986.

Are there grounds for an expedited application?

I am satisfied that the two requirements for the expedited process are met: a. The tenant does not want to contest the abandonment application. b. The information provided by the landlord with the application is sufficient to enable the Tribunal to determine it properly without a hearing (either on the basis of that information alone or with only minor clarifications).

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. 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 December 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Notice was given for a 48 hour inspection and aside from some rubbish remaining, the house was empty. Photographic evdeicne supported this. There had been a fire on the stove which they had not been notified about. The landlord made repeated calls to the tenant and sent a number of emails which had been the tenant’s preferred mode of communication and had always been responded too, but no replies were received. 14 day notices that had been served regarding rent arrears were still in the letterbox. Further visits were made to the property and it remained empty and no one was seen.
The landlord provided rent records which prove the amount owing at today’s date.
Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.
All the requirements for an expedited abandonment application have been met.
Because Oaklands Rentals Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5120613 — Rent arrears at 229B Don Buck Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5120613 — Rent arrears at 229B Don Buck Road, Massey, Auckland 0614

At a glance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions