What was Tenancy Tribunal case 5128769 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 5128769?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,300.00 awarded to landlord

What type of tenancy dispute was case 5128769?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5128769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11356083-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5128769 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 5128769?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,300.00 awarded to landlord

What type of tenancy dispute was case 5128769?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5128769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11356083-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5128769 — Rent arrears

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New Zealand Tenancy Tribunal Case 5128769 — 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 5128769 — net $2,327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/1/25	$2,300.00	Rent arrears to 16/1/25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,327.00
Total payable by Tenant to Landlord	$2,327.00

Claims and awards for application 5128769 — net $2,327.00 NZD. Verify on MoJ.

Rent arrears to 16/1/25

Amount: $2,300.00
Awarded to: Landlord
Reason: Rent arrears to 16/1/25

Filing fee reimbursement

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

Net award

Landlord $2,327.00

Total payable by Tenant to Landlord

Landlord $2,327.00

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 Kelly Herekiuha and Craig Lozell at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at
00pm on Monday 27 January 2025.
Kelly Herekiuha and Craig Lozell must pay [The landlord/s] $2,327.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by phone call.
The tenants were telephoned on the phone numbers provided but the phone calls went unanswered. I am satisfied the tenants were properly served with notice of the hearing. The hearing proceeded in their absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and payment of the filing fee.

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.
On 19 December 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
The landlord attended at the property that day and say it was apparent no one was living there, and the neighbours advised the tenants had gone to Australia. There has been no response from the tenants to the landlords’ texts and emails.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice. Filing fee and name suppression
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
The landlord sought suppression and as the application is successful, I have made an order accordingly.

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 5128769 — net $2,327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/1/25	$2,300.00	Rent arrears to 16/1/25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,327.00
Total payable by Tenant to Landlord	$2,327.00

Claims and awards for application 5128769 — net $2,327.00 NZD. Verify on MoJ.

Rent arrears to 16/1/25

Amount: $2,300.00
Awarded to: Landlord
Reason: Rent arrears to 16/1/25

Filing fee reimbursement

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

Net award

Landlord $2,327.00

Total payable by Tenant to Landlord

Landlord $2,327.00

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 Kelly Herekiuha and Craig Lozell at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at
00pm on Monday 27 January 2025.
Kelly Herekiuha and Craig Lozell must pay [The landlord/s] $2,327.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by phone call.
The tenants were telephoned on the phone numbers provided but the phone calls went unanswered. I am satisfied the tenants were properly served with notice of the hearing. The hearing proceeded in their absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and payment of the filing fee.

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.
On 19 December 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
The landlord attended at the property that day and say it was apparent no one was living there, and the neighbours advised the tenants had gone to Australia. There has been no response from the tenants to the landlords’ texts and emails.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice. Filing fee and name suppression
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Tenancy Tribunal case 5128769 — Rent arrears

At a glance

Tenancy Tribunal case 5128769 — Rent arrears

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

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

Frequently asked questions