What was the outcome of Tenancy Tribunal case 5121473?

The tribunal order states: The tenancy of Ailich Tuhiwai at 124B Paramount Parade, Tikipunga,

How much money was awarded in case 5121473?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,234.28 awarded to landlord

What type of tenancy dispute was case 5121473?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5121473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11397112-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5121473?

The tribunal order states: The tenancy of Ailich Tuhiwai at 124B Paramount Parade, Tikipunga,

How much money was awarded in case 5121473?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,234.28 awarded to landlord

What type of tenancy dispute was case 5121473?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5121473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11397112-Tribunal_Order.pdf.

124B Paramount Parade, Tikipunga, Whangarei 0112 Tenancy Tribunal Case 5121473 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5121473 — net $1,421.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 December 2024	$3,234.28	Rent arrears to 26 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,421.28
Total payable by Tenant to Landlord	$1,421.28

The tenancy of Ailich Tuhiwai at 124B Paramount Parade, Tikipunga, Whangarei 0112 is terminated, and possession is granted to Riverstone Rentals Limited as Agent for W & M Holdings, immediately.

The Bond Centre is to pay the bond of $1,840.00 (3277804-018) to Riverstone Rentals Limited as Agent for W & M Holdings immediately.

Ailich Tuhiwai must pay Riverstone Rentals Limited as Agent for W & M Holdings $1,421.28 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was scheduled by videoconference. The landlord attended by phone.

The tenant did not attend and was unable to be contacted on the number specified in the Notice of Hearing come up which was served on the tenant to add the e-mail address for service provided by him in the agreement The tenant was unable to be contacted on the number provided by him in the agreement.

The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

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. 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.

The last rent payment was made on 15 November 2024.

On 20 November 2024 the property manager received an e-mail from the tenants mother saying, “Ailich is currently incarcerated and I don't know for how long as this is going through court procedures. We cannot afford to keep his house as well as paying rent, currently in the process of taking all his belongings out of the premises and will be cleaning up as much as possible..... will be in touch when everything is sorted out and give you the key back to you.”

The property manager’s evidence is that she allowed the family, who had been living at the premises, some time to sort out the tenant’s belongings and return the keys but the keys have not been returned.

In those circumstances, I consider it reasonable for the landlord to have allowed two weeks for confirmation of whether the tenant would be intending to return to the premises on release, or whether his family would be continuing to occupy the premises, before assuming the premises had been abandoned. I fix that date as the date the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.

Under s.61(2) the tenant is responsible for paying rent 21 days from that date. The amount owed is proved by rent records provided by the landlord.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

Because Riverstone Rentals Limited as Agent for W & M Holdings has succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5121473 — net $1,421.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 December 2024	$3,234.28	Rent arrears to 26 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,421.28
Total payable by Tenant to Landlord	$1,421.28

The tenancy of Ailich Tuhiwai at 124B Paramount Parade, Tikipunga, Whangarei 0112 is terminated, and possession is granted to Riverstone Rentals Limited as Agent for W & M Holdings, immediately.

The Bond Centre is to pay the bond of $1,840.00 (3277804-018) to Riverstone Rentals Limited as Agent for W & M Holdings immediately.

Ailich Tuhiwai must pay Riverstone Rentals Limited as Agent for W & M Holdings $1,421.28 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was scheduled by videoconference. The landlord attended by phone.

The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

Should the tenancy be terminated?

The last rent payment was made on 15 November 2024.

Under s.61(2) the tenant is responsible for paying rent 21 days from that date. The amount owed is proved by rent records provided by the landlord.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

Because Riverstone Rentals Limited as Agent for W & M Holdings has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5121473 — Rent arrears at 124B Paramount Parade, Tikipunga, Whangarei 0112

At a glance

Tenancy Tribunal case 5121473 — Rent arrears at 124B Paramount Parade, Tikipunga, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions