What was Tenancy Tribunal case 5121430 about?

The tribunal order states: The tenancy of [The tenant/s] at 821 Ohiti Road, Crownthorpe, RD 9,

How much money was awarded in case 5121430?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,601.43 awarded to landlord

What type of tenancy dispute was case 5121430?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5121430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11338136-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5121430 about?

The tribunal order states: The tenancy of [The tenant/s] at 821 Ohiti Road, Crownthorpe, RD 9,

How much money was awarded in case 5121430?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,601.43 awarded to landlord

What type of tenancy dispute was case 5121430?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5121430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11338136-Tenancy_Tribunal_Order.pdf.

821 Ohiti Road, Crownthorpe, RD 9, Hastings 4179 Tenancy Tribunal Case 5121430 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5121430. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 22 January 2025	$3,601.43		Rent arrears to 22 January 2025
Filing fee reimbursement	$27.00		Filing fee reimbursement

The tenancy of [The tenant/s] at 821 Ohiti Road, Crownthorpe, RD 9, Hastings 4179 has been terminated, and possession is granted to Property Brokers Limited as Agent for Gerard Kommeren, immediately.

[The tenant/s] must pay Property Brokers Limited as Agent for Gerard Kommeren $838.43 immediately as follows:

The Bond Centre is to pay the bond of $2,790.00 (6328253-007/ BN00004369) to Property Brokers Limited as Agent for Gerard Kommeren immediately.

The landlord must take any personal documents belonging to the tenant that have been left at the premises, to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $838.43.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant was unable to be contacted on the phone number specified in the Notice of hearing, which was duly served.

The tenancy was ended by a notice of termination issued by the landlord on 9 October 2024 under s.51(1)(a), ending the tenancy on 11 December 2024. That date was extended at the tenant’s request to 20 December 2024.

The tenant remained in occupation of the premises and did not respond to the property manager’s requests for confirmation of when she would be vacating and returning the keys. An inspection undertaken on 10 January 2024 shows that many of the tenant’s possessions remain in the premises and the keys have not been returned.

As the tenancy was terminated by the landlord’s notice, the landlord is entitled to an Order for immediate possession.

Under s.60(1), “Where a tenant remains in occupation of the premises after the tenancy has terminated or has been terminated, all the obligations of the tenant shall continue in force as if the tenancy were still subsisting until such time as the tenant ceases to occupy the premises.”

The tenant has remained in occupation of the premises following termination date and so must pay the rent to the date of this possession Order.

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant and it is not practicable for the landlord to return those goods to the tenant.

Some of the goods, in particular 2 x armchairs and a set of bunk beds, may have a value above the cost of storing, transporting and selling them. If so, the landlord must sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds.

The landlord may dispose of any goods that have no saleable value.

I note that during the hearing I informed the landlord that Bond Centre records showed the bond had been released, which was an unwelcome surprise to the landlord. Further enquiries show that the bond remains held but has been transferred across to the new Bond system, which is why it was showing as having been released.

Because Property Brokers Limited has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5121430. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 22 January 2025	$3,601.43		Rent arrears to 22 January 2025
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

The tenancy of [The tenant/s] at 821 Ohiti Road, Crownthorpe, RD 9, Hastings 4179 has been terminated, and possession is granted to Property Brokers Limited as Agent for Gerard Kommeren, immediately.
[The tenant/s] must pay Property Brokers Limited as Agent for Gerard Kommeren $838.43 immediately as follows:
The Bond Centre is to pay the bond of $2,790.00 (6328253-007/ BN00004369) to Property Brokers Limited as Agent for Gerard Kommeren immediately.
The landlord must take any personal documents belonging to the tenant that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $838.43.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant was unable to be contacted on the phone number specified in the Notice of hearing, which was duly served.
The tenancy was ended by a notice of termination issued by the landlord on 9 October 2024 under s.51(1)(a), ending the tenancy on 11 December 2024. That date was extended at the tenant’s request to 20 December 2024.
The tenant remained in occupation of the premises and did not respond to the property manager’s requests for confirmation of when she would be vacating and returning the keys. An inspection undertaken on 10 January 2024 shows that many of the tenant’s possessions remain in the premises and the keys have not been returned.
As the tenancy was terminated by the landlord’s notice, the landlord is entitled to an Order for immediate possession.
Under s.60(1), “Where a tenant remains in occupation of the premises after the tenancy has terminated or has been terminated, all the obligations of the tenant shall continue in force as if the tenancy were still subsisting until such time as the tenant ceases to occupy the premises.”
The tenant has remained in occupation of the premises following termination date and so must pay the rent to the date of this possession Order.
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant and it is not practicable for the landlord to return those goods to the tenant.
Some of the goods, in particular 2 x armchairs and a set of bunk beds, may have a value above the cost of storing, transporting and selling them. If so, the landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds.
The landlord may dispose of any goods that have no saleable value.
I note that during the hearing I informed the landlord that Bond Centre records showed the bond had been released, which was an unwelcome surprise to the landlord. Further enquiries show that the bond remains held but has been transferred across to the new Bond system, which is why it was showing as having been released.
Because Property Brokers Limited has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5121430 — Rent arrears at 821 Ohiti Road, Crownthorpe, RD 9, Hastings 4179

At a glance

Tenancy Tribunal case 5121430 — Rent arrears at 821 Ohiti Road, Crownthorpe, RD 9, Hastings 4179

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions