What was the outcome of Tenancy Tribunal case 5132589?

The tribunal order states: The tenancy of Ngahirawa Marama Chapman at 216A Powderham Street, New

How much money was awarded in case 5132589?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5132589?

The dispute type was not classified.

Where can I read the official tribunal order for case 5132589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11337257-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5132589?

The tribunal order states: The tenancy of Ngahirawa Marama Chapman at 216A Powderham Street, New

How much money was awarded in case 5132589?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5132589?

The dispute type was not classified.

Where can I read the official tribunal order for case 5132589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11337257-Tenancy_Tribunal_Order.pdf.

216A Powderham Street, New Plymouth, New Plymouth Tenancy Tribunal Case 5132589 — Tenancy dispute

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216A Powderham Street, New Plymouth, New Plymouth Tenancy Tribunal Case 5132589 — Tenancy dispute | 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 5132589 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Claims and awards for application 5132589 — net $27.00 NZD. Verify on MoJ.

Filing fee reimbursement

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

Net award

Landlord $27.00

Total payable by Tenant to Landlord

Landlord $27.00

Claim types — money lines allowed on this order

Filing Fee

Order

The tenancy of Ngahirawa Marama Chapman at 216A Powderham Street, New Plymouth, New Plymouth 4310 is terminated, and possession is granted to Alesha Maree Warner and Luke Taplin, immediately.
Ngahirawa Marama Chapman will pay Alesha Warner and Luke Taplin the amount 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).
The landlords took ownership of the property on 4 September 2024 and on the same date took over the tenancy with Ms Chapman as the existing tenant.

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 14 January 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises; •On 19 December 2024 the landlord gave notice that she would be conducting an inspection, and she was hoping to discuss the rent arrears which at that date were significant. She received no reply from the tenant. • Over the next 3 weeks the landlord sent further emails and texts regarding the overdue rent to which she received no reply. •On 13 January the landlord was advised by the neighbour there was sewage leaking into the backyard of the property and it was leaking through to their property. The neighbour advised the landlord she was concerned for their property and that they had not seen people there for weeks. •The tradesmen attended the next day and reported to the landlord that the door was unlocked, the windows were open and it appeared the tenants belongings were gone. •The house was fully furnished at the beginning of the tenancy as evidenced by the chattel list. The photographs taken by the landlord after the report from the plumbers show all the tenants belongings have gone, but some of the chattels remain such as the beds. There was also evidence of mouldy food and milk in the fridge dating back to December.
I am satisfied on the evidence presented that the premises have been abandoned. 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. The landlords’ application for rent arrears and refund of the bond will be set down for hearing at a later date.
Because Alesha Maree Warner, Luke Taplin have 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 5132589 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Claims and awards for application 5132589 — net $27.00 NZD. Verify on MoJ.

Filing fee reimbursement

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

Net award

Landlord $27.00

Total payable by Tenant to Landlord

Landlord $27.00

Claim types — money lines allowed on this order

Filing Fee

Order

The tenancy of Ngahirawa Marama Chapman at 216A Powderham Street, New Plymouth, New Plymouth 4310 is terminated, and possession is granted to Alesha Maree Warner and Luke Taplin, immediately.
Ngahirawa Marama Chapman will pay Alesha Warner and Luke Taplin the amount 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).
The landlords took ownership of the property on 4 September 2024 and on the same date took over the tenancy with Ms Chapman as the existing tenant.

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 14 January 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises; •On 19 December 2024 the landlord gave notice that she would be conducting an inspection, and she was hoping to discuss the rent arrears which at that date were significant. She received no reply from the tenant. • Over the next 3 weeks the landlord sent further emails and texts regarding the overdue rent to which she received no reply. •On 13 January the landlord was advised by the neighbour there was sewage leaking into the backyard of the property and it was leaking through to their property. The neighbour advised the landlord she was concerned for their property and that they had not seen people there for weeks. •The tradesmen attended the next day and reported to the landlord that the door was unlocked, the windows were open and it appeared the tenants belongings were gone. •The house was fully furnished at the beginning of the tenancy as evidenced by the chattel list. The photographs taken by the landlord after the report from the plumbers show all the tenants belongings have gone, but some of the chattels remain such as the beds. There was also evidence of mouldy food and milk in the fridge dating back to December.
I am satisfied on the evidence presented that the premises have been abandoned. 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. The landlords’ application for rent arrears and refund of the bond will be set down for hearing at a later date.
Because Alesha Maree Warner, Luke Taplin have wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5132589 — Tenancy dispute at 216A Powderham Street, New Plymouth, New Plymouth

At a glance

Tenancy Tribunal case 5132589 — Tenancy dispute at 216A Powderham Street, New Plymouth, New Plymouth

At a glance

Award balance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions