How much money was awarded in case 5134408?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $670.00 awarded to landlord

What type of tenancy dispute was case 5134408?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5134408?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11373656-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5134408?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $670.00 awarded to landlord

What type of tenancy dispute was case 5134408?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5134408?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11373656-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 74 Haycock Avenue, Mount Roskill, Auckland Tenancy Tribunal Case 5134408 — Rent arrears

Q: What was Tenancy Tribunal case 5134408 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5134408 — net $697.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 January 2025	$670.00	Rent arrears to 30 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$697.00
Total payable by Tenant to Landlord	$697.00

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 Poukai Moana at Unit/Flat 1, 74 Haycock Avenue, Mount Roskill, Auckland 1041 is terminated, and possession is granted to [The landlord/s] immediately.

Poukai Moana must pay [The landlord/s] $697.00 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not.

The landlord has applied for termination of the tenancy for abandonment, rent arrears and reimbursement of the filing fee.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

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.

The tenant has not paid rent since 30 December 2024.

The landlord last had contact with the tenant on 23 December 2024. The landlord submitted text messages and a copy of their call log history showing numerous attempts to contact the tenant, all of which have gone unanswered.

The landlord gave evidence that on 23 December 2024they received a phone call from Bail Support Services (BSS) and the tenant’s lawyer advising that the tenant had been remanded into custody. Enquiries were made as to whether the address was available for the tenant to apply for bail to. The landlord gave evidence that the tenant was granted bail to the address, but that they subsequently received a phone call from the Police asking the landlord if they had any idea where the tenant was living. The landlord claims the Police told them that they had completed bail checks at the tenancy address and the tenant was not residing there.

On 14 January 2025, the landlord visited the property to complete an inspection under section 48(2)(b) RTA. The landlord gave evidence that the tenant was not home, and their belongings and rubbish were scattered throughout the property.

On 29 January 2025, the landlord visited the property to complete an inspection under section 48(2)(b) RTA. The landlord gave evidence that the tenant was not home. The landlord claims the property was in the same condition as it was during their inspection on 14 January 2025. The landlord provided photographs of this inspection which show the fridge unplugged in the middle of the living room. From the photographs, it does not appear that anyone is living at the property.

I find that on 14 January 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.

The landlord submitted a rent summary which shows that the tenant is in rent arrears.

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

How much does the tenant owe?

This was a periodic tenancy. The tenant is liable to pay the rent up to the period that is 28 days after the date the landlord became aware (or ought to have been aware) that the tenant abandoned the premises or the date of commencement of a new tenancy, whichever occurs first. See section 61(3)(a) RTA.

I have found that the landlord became aware (or ought to have been aware) that the tenant abandoned the premises on 14 January 2025. A new tenancy has not commenced. The date that is 28 days after 14 January 2025 is 11 February 2025. I would have made an order for rent arrears up to this date however, the landlord’s rent summary only goes up to 30 January 2025. It shows a balance of $3,350.00 owing.

The landlord gave evidence that they did not lodge the bond of $2,680.00. The landlord is a relatively new landlord and inexperienced however, they should be aware that failure to lodge a bond within 23 days after receiving payment is an unlawful act, which may attract exemplary damages up to $1,500.00. See section 19(2) and Schedule 1A RTA. I consider it fair and reasonable to deduct the bond paid by the tenant from the total rent arrears claimed by the landlord.

The landlord’s claim for rent arrears is granted for $670.00. Filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5134408 — net $697.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 January 2025	$670.00	Rent arrears to 30 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$697.00
Total payable by Tenant to Landlord	$697.00

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 Poukai Moana at Unit/Flat 1, 74 Haycock Avenue, Mount Roskill, Auckland 1041 is terminated, and possession is granted to [The landlord/s] immediately.
Poukai Moana must pay [The landlord/s] $697.00 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and reimbursement of the filing fee.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

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.
The tenant has not paid rent since 30 December 2024.
The landlord last had contact with the tenant on 23 December 2024. The landlord submitted text messages and a copy of their call log history showing numerous attempts to contact the tenant, all of which have gone unanswered.
The landlord gave evidence that on 23 December 2024they received a phone call from Bail Support Services (BSS) and the tenant’s lawyer advising that the tenant had been remanded into custody. Enquiries were made as to whether the address was available for the tenant to apply for bail to. The landlord gave evidence that the tenant was granted bail to the address, but that they subsequently received a phone call from the Police asking the landlord if they had any idea where the tenant was living. The landlord claims the Police told them that they had completed bail checks at the tenancy address and the tenant was not residing there.
On 14 January 2025, the landlord visited the property to complete an inspection under section 48(2)(b) RTA. The landlord gave evidence that the tenant was not home, and their belongings and rubbish were scattered throughout the property.
On 29 January 2025, the landlord visited the property to complete an inspection under section 48(2)(b) RTA. The landlord gave evidence that the tenant was not home. The landlord claims the property was in the same condition as it was during their inspection on 14 January 2025. The landlord provided photographs of this inspection which show the fridge unplugged in the middle of the living room. From the photographs, it does not appear that anyone is living at the property.
I find that on 14 January 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
The landlord submitted a rent summary which shows that the tenant is in rent arrears.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

This was a periodic tenancy. The tenant is liable to pay the rent up to the period that is 28 days after the date the landlord became aware (or ought to have been aware) that the tenant abandoned the premises or the date of commencement of a new tenancy, whichever occurs first. See section 61(3)(a) RTA.
I have found that the landlord became aware (or ought to have been aware) that the tenant abandoned the premises on 14 January 2025. A new tenancy has not commenced. The date that is 28 days after 14 January 2025 is 11 February 2025. I would have made an order for rent arrears up to this date however, the landlord’s rent summary only goes up to 30 January 2025. It shows a balance of $3,350.00 owing.
The landlord gave evidence that they did not lodge the bond of $2,680.00. The landlord is a relatively new landlord and inexperienced however, they should be aware that failure to lodge a bond within 23 days after receiving payment is an unlawful act, which may attract exemplary damages up to $1,500.00. See section 19(2) and Schedule 1A RTA. I consider it fair and reasonable to deduct the bond paid by the tenant from the total rent arrears claimed by the landlord.
The landlord’s claim for rent arrears is granted for $670.00. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5134408 — Rent arrears at Unit/Flat 1, 74 Haycock Avenue, Mount Roskill, Auckland

At a glance

Tenancy Tribunal case 5134408 — Rent arrears at Unit/Flat 1, 74 Haycock Avenue, Mount Roskill, Auckland

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