What was the outcome of Tenancy Tribunal case 5167291?

The tribunal order states: The tenancy of Jahlisa Waitai at Villa 9, 833 Kingseat Road, Kingseat,

How much money was awarded in case 5167291?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,470.00 awarded to landlord

What type of tenancy dispute was case 5167291?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5167291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11569919-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5167291?

The tribunal order states: The tenancy of Jahlisa Waitai at Villa 9, 833 Kingseat Road, Kingseat,

How much money was awarded in case 5167291?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,470.00 awarded to landlord

What type of tenancy dispute was case 5167291?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5167291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11569919-Tenancy_Tribunal_Order.pdf.

Villa 9, 833 Kingseat Road, Kingseat, Pukekohe 2580, Tenancy Tribunal Case 5167291 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5167291 — net $647.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 February 2025	$2,470.00	Rent arrears to 14 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$647.00
Total payable by Tenant to Landlord	$647.00

The tenancy of Jahlisa Waitai at Villa 9, 833 Kingseat Road, Kingseat, Pukekohe 2580, Kingseat Complex is terminated, and possession is granted to Mayne Realty Limited, at 12 noon on 13 March 2025.

The Bond Centre is to pay the bond of $1,850.00 (5806758-001) to Mayne Realty Limited immediately.

Jahlisa Waitai must pay Mayne Realty Limited $647.00 immediately, calculated as shown in the table below:

Reasons

The landlord’s representative attended a hearing by telephone on 10 March 2025. The tenant did not attend. I am satisfied that notice of the hearing date and time has been emailed to the tenant’s address for service, so I continued the hearing in her absence.

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

I allowed the landlord to provide additional evidence after the hearing.

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 14 February 2025, the landlord became aware that the tenant had abandoned the premises. The evidence is:- a. Photographs showing rubbish and personal belongings left behind and that no one has returned to collect or move them. b. Neighbours told the groundsman at the complex that they saw the family moving out on 14 February 2025. c. The landlord has had no response to several emails and phone calls to the tenant asking if she intends to return. d. The tenant did not attend the Tribunal hearing or contact the Tribunal.

I am satisfied the tenant has left the premises and does not intend to return. I have terminated the tenancy immediately.

The landlord seeks rent owing up until 14 February 2025. Rent records were supplied and the amount owing is $2,470.00 which is awarded.

I also award the filing fee.

The bond is refunded to the landlord. Insulation and Healthy Homes Standards

The landlord says the premises are exempt from complying with the insulation and Healthy Homes Standards because the premises are to be demolished.

This exemption only applies for a maximum period of 12 months from the start date of a tenancy. See regulation 20 Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 and regulation 31 Residential Tenancies (Healthy Homes Standards) Regulations 2019.

The premises were not demolished within 12 months of the start of the tenancy therefore the exemption ceases to apply.

The landlord has a legal obligation to comply with all insulation and healthy homes standards requirements. To fail to do so is an unlawful act for which exemplary damages can be awarded of up to $7,200.00 per breach; see section 45 Residential Tenancies Act 1986.

I make no suppression orders. The landlord has succeeded with its claim but may be in breach of the insulation requirements. There is a public interest in future tenants being aware of this.

Order

Claims and awards in Tenancy Tribunal application 5167291 — net $647.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 February 2025	$2,470.00	Rent arrears to 14 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$647.00
Total payable by Tenant to Landlord	$647.00

The tenancy of Jahlisa Waitai at Villa 9, 833 Kingseat Road, Kingseat, Pukekohe 2580, Kingseat Complex is terminated, and possession is granted to Mayne Realty Limited, at 12 noon on 13 March 2025.

The Bond Centre is to pay the bond of $1,850.00 (5806758-001) to Mayne Realty Limited immediately.

Jahlisa Waitai must pay Mayne Realty Limited $647.00 immediately, calculated as shown in the table below:

Reasons

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

I allowed the landlord to provide additional evidence after the hearing.

Should the tenancy be terminated?

I am satisfied the tenant has left the premises and does not intend to return. I have terminated the tenancy immediately.

The landlord seeks rent owing up until 14 February 2025. Rent records were supplied and the amount owing is $2,470.00 which is awarded.

I also award the filing fee.

The bond is refunded to the landlord. Insulation and Healthy Homes Standards

The landlord says the premises are exempt from complying with the insulation and Healthy Homes Standards because the premises are to be demolished.

The premises were not demolished within 12 months of the start of the tenancy therefore the exemption ceases to apply.

I make no suppression orders. The landlord has succeeded with its claim but may be in breach of the insulation requirements. There is a public interest in future tenants being aware of this.

Tenancy Tribunal case 5167291 — Rent arrears at Villa 9, 833 Kingseat Road, Kingseat, Pukekohe 2580,

At a glance

Tenancy Tribunal case 5167291 — Rent arrears at Villa 9, 833 Kingseat Road, Kingseat, Pukekohe 2580,

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions