How much money was awarded in case 5148851?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,414.29 awarded to landlord

What type of tenancy dispute was case 5148851?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5148851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11567187-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5148851?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,414.29 awarded to landlord

What type of tenancy dispute was case 5148851?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5148851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11567187-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5148851 — Rent arrears

Q: What was Tenancy Tribunal case 5148851 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 5148851 — net $4,641.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 March 2025	$8,414.29	Rent arrears to 6 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,641.29
Total payable by Tenant to Landlord	$4,641.29

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.

This tenancy ended on 6 March 2025 and [The landlord/s] is granted possession of the premises at [tenancy address suppressed] immediately.

The Bond Centre is to pay the bond of $3,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Noa Romar, Faye Ainoa and Tafetoto Ainoa must pay [The landlord/s] $4,641.29 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 6 March 2025$8,414.29 Filing fee reimbursement$27.00 Total award$8,441.29 Minus Bond$3,800.00 Total payable by Tenant to Landlord$4,641.29

Reasons

Only the applicant landlord attended the hearing. The tenants were called on four different numbers provided but there was no response.

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

On 13 February 2025 the landlord contacted the Tribunal and sought to amend the claim to termination for abandonment on the grounds the property was found empty on 13 February 2025.

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.

At the hearing today the property manager advised that after filing the application he was contacted on 3 February 2025 by telephone by someone stating that he was the son of the tenants and seeking to give notice to terminate. He stated that the person was not a tenant and did not give the names of the tenants. He responded that he required notice in writing. Written notice was not received.

On 13 February 2025 the property manager attended the property to do an inspection and discovered that it was vacant. Photographs of the premises were provided showing it to be completely empty.

Having considered the evidence I find that the property was not abandoned as the landlord was seeking termination and the tenants voluntarily vacated.

Tenants are required to give 21 days’ notice to terminate pursuant to section 51(2A) RTA.

I accept the property manager’s evidence that in the absence of written notice on 3 February he could not be certain that the phone message from someone who was not a tenant was notice of termination. However, when the property manager attended the premises on 13 February 2025 this was confirmation of the telephone call and from that date the property manager had effective notice.

Even in the case of an abandoned periodic tenancy the Tribunal can only order rent to the expiry of 21 days after the date the landlord became aware the property became abandoned. See section 61(3) RTA.

I find that this tenancy ended 21 days after 13 February 2025 on 6 March 2025 and the landlord is entitled to immediate possession.

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 to 6 March 2025. Filing fee/Suppression

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee and suppress the landlord details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 5148851 — net $4,641.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 March 2025	$8,414.29	Rent arrears to 6 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,641.29
Total payable by Tenant to Landlord	$4,641.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
This tenancy ended on 6 March 2025 and [The landlord/s] is granted possession of the premises at [tenancy address suppressed] immediately.
The Bond Centre is to pay the bond of $3,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Noa Romar, Faye Ainoa and Tafetoto Ainoa must pay [The landlord/s] $4,641.29 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 6 March 2025$8,414.29 Filing fee reimbursement$27.00 Total award$8,441.29 Minus Bond$3,800.00 Total payable by Tenant to Landlord$4,641.29

Reasons

Only the applicant landlord attended the hearing. The tenants were called on four different numbers provided but there was no response.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
On 13 February 2025 the landlord contacted the Tribunal and sought to amend the claim to termination for abandonment on the grounds the property was found empty on 13 February 2025.

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.
At the hearing today the property manager advised that after filing the application he was contacted on 3 February 2025 by telephone by someone stating that he was the son of the tenants and seeking to give notice to terminate. He stated that the person was not a tenant and did not give the names of the tenants. He responded that he required notice in writing. Written notice was not received.
On 13 February 2025 the property manager attended the property to do an inspection and discovered that it was vacant. Photographs of the premises were provided showing it to be completely empty.
Having considered the evidence I find that the property was not abandoned as the landlord was seeking termination and the tenants voluntarily vacated.
Tenants are required to give 21 days’ notice to terminate pursuant to section 51(2A) RTA.
I accept the property manager’s evidence that in the absence of written notice on 3 February he could not be certain that the phone message from someone who was not a tenant was notice of termination. However, when the property manager attended the premises on 13 February 2025 this was confirmation of the telephone call and from that date the property manager had effective notice.
Even in the case of an abandoned periodic tenancy the Tribunal can only order rent to the expiry of 21 days after the date the landlord became aware the property became abandoned. See section 61(3) RTA.
I find that this tenancy ended 21 days after 13 February 2025 on 6 March 2025 and the landlord is entitled to immediate possession.

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 to 6 March 2025. Filing fee/Suppression
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee and suppress the landlord details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Tenancy Tribunal case 5148851 — Rent arrears

At a glance

Tenancy Tribunal case 5148851 — 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