How much money was awarded in case 5121138?

Property Damage: $1,050.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Power Bill: $13.92 awarded to landlord; Rent Arrears: $2,810.00 awarded to landlord

What type of tenancy dispute was case 5121138?

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

Where can I read the official tribunal order for case 5121138?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11443370-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5121138?

Property Damage: $1,050.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Power Bill: $13.92 awarded to landlord; Rent Arrears: $2,810.00 awarded to landlord

What type of tenancy dispute was case 5121138?

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

Where can I read the official tribunal order for case 5121138?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11443370-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 58 Seafront Rd, Castlecliff, Whangnaui 4500 Tenancy Tribunal Case 5121138 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5121138?

The tribunal order states: Property Rentals Wanganui Limited as agent for Poiu Holdings Ltd is granted

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Order

Claims and awards in Tenancy Tribunal application 5121138 — net $3,900.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 January 2025 (including rent in lieu of notice	$2,810.00	Rent arrears to 21 January 2025 (including rent in lieu of notice
Power bill	$13.92	Power bill
Filing fee reimbursement	$27.00	Filing fee reimbursement
Exemplary damages: tenant abandoning without reason	$1,050.00	tenant abandoning without reason
Net award	$3,900.92
Total payable by Tenant to Landlord	$3,900.92

Property Rentals Wanganui Limited as agent for Poiu Holdings Ltd is granted possession of the premises at Unit/Flat 2, 58 Seafront Rd, Castlecliff, Whangnaui 4500 immediately.

Sautu Vuiwakaya and Ilisoni Duruwaqa must pay Property Rentals Wanganui Limited as agent for Poiu Holdings Ltd $3,900.92 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenants did not attend and did not respond when telephoned on the numbers ending in 402 and 049.

The landlord has applied for possession of the premises following abandonment of the tenancy, as well as rent arrears, outstanding outgoings, and exemplary damages for abandonment without reason.

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 24 December 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenants had been messaging to say that they had no work and would likely be moving out of the property, however, no actual notice to vacate was given nor was any intended vacate date. On 24 December 2024 the tenants advised that the property had been vacated and the key was left inside the property.

At that time, records show the rent was in arrears.

Because the premises have been abandoned, and rent is in arrear, the tenancy is deemed to be abandoned on 24 December 2024 and terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.

On 24 December 2024 the rent was in arrears $1,130.00 (this includes a $10.00 deduction for a single payment that had been made towards a bond).

Pursuant to s61(2) where a tenant abandons the premises, they are liable to pay the rent up to and including the date of the expiry of 28 days’ notice or the commencement of a new tenancy.

An additional 28 days’ notice amounts to $1,680.00. The amount ordered for rent arrears includes this additional rent in lieu of notice.

In addition, the landlord has provided evidence of an outstanding power bill for $13.92. The amount ordered is proved. Exemplary damages

The landlord has also claimed for exemplary damages for the tenant abandoning the premises. The landlord advised that due to the Christmas period, it was impossible to find a new tenant or even arrange for contractors to prepare the property for new tenants.

A tenant commits an unlawful act if they abandon the premises when the rent is in arrears. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.

The tenant messaged on 24 December 2024 to advise they had left the property. Although they had earlier indicated that they might need to move out, they had not given any actual notice or advised of an intended vacate date. I find they have committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

The tenant intended to abandon the property and must have been aware that the rent was in arrears, almost 21 days at the time. The impact of their actions was to place the landlord in a position where, due to the Christmas and holiday period, they were unable to re-tenant the property. It was difficult for the landlord to find cleaners and other tradespeople required and it caused delays in new tenants being found. The tenants did not attend the hearing, and therefore I have no evidence on their reason for abandonment and must assume there is no reasonable excuse.

The maximum penalty available reflects the seriousness of the breach. Usually, for a first incident, the Tribunal considers a starting point of around 30-40% of the maximum. I find this is reasonable in the circumstances. I have considered the fact that abandonment of a property has serious impacts to the other party. The amount awarded is $1,050.00.

Because Property Rentals Wanganui Limited as agent for Poiu Holdings Ltd has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 17 February 2025

Order

Claims and awards in Tenancy Tribunal application 5121138 — net $3,900.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 January 2025 (including rent in lieu of notice	$2,810.00	Rent arrears to 21 January 2025 (including rent in lieu of notice
Power bill	$13.92	Power bill
Filing fee reimbursement	$27.00	Filing fee reimbursement
Exemplary damages: tenant abandoning without reason	$1,050.00	tenant abandoning without reason
Net award	$3,900.92
Total payable by Tenant to Landlord	$3,900.92

Property Rentals Wanganui Limited as agent for Poiu Holdings Ltd is granted possession of the premises at Unit/Flat 2, 58 Seafront Rd, Castlecliff, Whangnaui 4500 immediately.

Sautu Vuiwakaya and Ilisoni Duruwaqa must pay Property Rentals Wanganui Limited as agent for Poiu Holdings Ltd $3,900.92 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenants did not attend and did not respond when telephoned on the numbers ending in 402 and 049.

The landlord has applied for possession of the premises following abandonment of the tenancy, as well as rent arrears, outstanding outgoings, and exemplary damages for abandonment without reason.

Should the tenancy be terminated?

At that time, records show the rent was in arrears.

Because the premises have been abandoned, and rent is in arrear, the tenancy is deemed to be abandoned on 24 December 2024 and terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.

On 24 December 2024 the rent was in arrears $1,130.00 (this includes a $10.00 deduction for a single payment that had been made towards a bond).

Pursuant to s61(2) where a tenant abandons the premises, they are liable to pay the rent up to and including the date of the expiry of 28 days’ notice or the commencement of a new tenancy.

An additional 28 days’ notice amounts to $1,680.00. The amount ordered for rent arrears includes this additional rent in lieu of notice.

In addition, the landlord has provided evidence of an outstanding power bill for $13.92. The amount ordered is proved. Exemplary damages

Because Property Rentals Wanganui Limited as agent for Poiu Holdings Ltd has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 17 February 2025

Tenancy Tribunal case 5121138 — Rent arrears at Unit/Flat 2, 58 Seafront Rd, Castlecliff, Whangnaui 4500

At a glance

Tenancy Tribunal case 5121138 — Rent arrears at Unit/Flat 2, 58 Seafront Rd, Castlecliff, Whangnaui 4500

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

Property management

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

Property management

Frequently asked questions