What was the outcome of Tenancy Tribunal case 5166574?

The tribunal order states: The tenancy of Deborah Tuiloma, James Tuiloma and Emere Tuiloma at 33

How much money was awarded in case 5166574?

Rent Arrears: $11,500.00 awarded to landlord

What type of tenancy dispute was case 5166574?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5166574?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11528442-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5166574?

The tribunal order states: The tenancy of Deborah Tuiloma, James Tuiloma and Emere Tuiloma at 33

How much money was awarded in case 5166574?

Rent Arrears: $11,500.00 awarded to landlord

What type of tenancy dispute was case 5166574?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5166574?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11528442-Tribunal_Order.pdf.

33 Inverell Avenue, Wiri, Auckland 2104 Tenancy Tribunal Case 5166574 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5166574 — net $9,140.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 March 2025	$11,500.00	Rent arrears to 2 March 2025
Net award	$9,140.00
Total payable by Tenant to Landlord	$9,140.00

The tenancy of Deborah Tuiloma, James Tuiloma and Emere Tuiloma at 33 Inverell Avenue, Wiri, Auckland 2104 is terminated, and possession is granted to Nsvw Investment Limited, at 5pm, Wednesday 5 March 2025.

The Bond Centre is to pay the bond of $2,360.00 (5948858-002) to Nsvw Investment Limited immediately.

Deborah Tuiloma, James Tuiloma and Emere Tuiloma must pay Nsvw Investment Limited $9,140.00 immediately, calculated as shown in the table below:

Nsvw Investment Limited must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $9,140.00.

Nsvw Investment Limited must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the video hearing. A phone call to Deborah Tuiloma had no response. A phone call to James Tuiloma went straight to voicemail and a phone call to Emere Tuiloma was answered but the person ended the call after I introduced myself.

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 tenant last paid rent on 13 November 2024. The landlord says they tried to contact the tenants by phone but were not successful.

On 15 January 2025, when the landlord was visiting their other rental property next-door to the premises, the next-door neighbour told the landlord the tenants had left the property. On that same day, the landlord (the husband) knocked on the door of the premises, but there was no answer.

On 2 February 2025 the landlord returned to the premises to see if the tenants were home. They say nobody answered the door, but a sliding door to the lounge was open and they were able to go inside. They found most of the tenants’ belongings had been removed, but several pieces of furniture and rubbish was in the premises. The landlord took photos of the property on that day and filed those photos in support of this application.

I find that on 2 February 2025 the landlord became aware that the tenant had abandoned the premises.

Because the premises were abandoned, and rent is in arrear at the date of the hearing, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing to 20 February 2025. The amount ordered in rent arrears includes four weeks’ rent from 2 February 2025, being the date the landlord became aware the property was abandoned, up until 2 March 2025. Disposal of the tenant’s goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord is unable to contact the tenant.

It is not practicable for the landlord to the return the goods to the tenant. Some of the goods may have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).

The landlord may dispose of any goods that have no saleable value.

Claims and awards in Tenancy Tribunal application 5166574 — net $9,140.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 March 2025	$11,500.00	Rent arrears to 2 March 2025
Net award	$9,140.00
Total payable by Tenant to Landlord	$9,140.00

Order

The tenancy of Deborah Tuiloma, James Tuiloma and Emere Tuiloma at 33 Inverell Avenue, Wiri, Auckland 2104 is terminated, and possession is granted to Nsvw Investment Limited, at 5pm, Wednesday 5 March 2025.
The Bond Centre is to pay the bond of $2,360.00 (5948858-002) to Nsvw Investment Limited immediately.
Deborah Tuiloma, James Tuiloma and Emere Tuiloma must pay Nsvw Investment Limited $9,140.00 immediately, calculated as shown in the table below:
Nsvw Investment Limited must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $9,140.00.
Nsvw Investment Limited must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the video hearing. A phone call to Deborah Tuiloma had no response. A phone call to James Tuiloma went straight to voicemail and a phone call to Emere Tuiloma was answered but the person ended the call after I introduced myself.
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 tenant last paid rent on 13 November 2024. The landlord says they tried to contact the tenants by phone but were not successful.
On 15 January 2025, when the landlord was visiting their other rental property next-door to the premises, the next-door neighbour told the landlord the tenants had left the property. On that same day, the landlord (the husband) knocked on the door of the premises, but there was no answer.
On 2 February 2025 the landlord returned to the premises to see if the tenants were home. They say nobody answered the door, but a sliding door to the lounge was open and they were able to go inside. They found most of the tenants’ belongings had been removed, but several pieces of furniture and rubbish was in the premises. The landlord took photos of the property on that day and filed those photos in support of this application.
I find that on 2 February 2025 the landlord became aware that the tenant had abandoned the premises.
Because the premises were abandoned, and rent is in arrear at the date of the hearing, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing to 20 February 2025. The amount ordered in rent arrears includes four weeks’ rent from 2 February 2025, being the date the landlord became aware the property was abandoned, up until 2 March 2025. Disposal of the tenant’s goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods may have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.

Tenancy Tribunal case 5166574 — Rent arrears at 33 Inverell Avenue, Wiri, Auckland 2104

At a glance

Tenancy Tribunal case 5166574 — Rent arrears at 33 Inverell Avenue, Wiri, Auckland 2104

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

Property management

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

Property management

Frequently asked questions