What was the outcome of Tenancy Tribunal case 5170152?

The tribunal order states: The tenancy of Sonia Georgina Pareautaua Wetini at Unit/Flat Unit 35, 16

How much money was awarded in case 5170152?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $606.86 awarded to landlord

What type of tenancy dispute was case 5170152?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5170152?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11591254-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5170152?

The tribunal order states: The tenancy of Sonia Georgina Pareautaua Wetini at Unit/Flat Unit 35, 16

How much money was awarded in case 5170152?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $606.86 awarded to landlord

What type of tenancy dispute was case 5170152?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5170152?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11591254-Tribunal_Order.pdf.

Unit/Flat Unit 35, 16 Franklyne Road, Otara, Auckland 2023, Tenancy Tribunal Case 5170152 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5170152 — net $321.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (capped	$606.86	Rent arrears (capped
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$321.86
Total payable by Tenant to Landlord	$321.86

The tenancy of Sonia Georgina Pareautaua Wetini at Unit/Flat Unit 35, 16 Franklyne Road, Otara, Auckland 2023, Kotukutuku is terminated, and possession is granted to Mahitahi Kainga Trust immediately.

The Bond Centre is to pay the bond of $312.00 (6424804-005) to Mahitahi Kainga Trust immediately.

Sonia Georgina Pareautaua Wetini must pay Mahitahi Kainga Trust $321.86 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant were not successful. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.

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 (“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.

On or around 22 January 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Notice from WINZ advised the tenant had not provided verification and the rent would revert to market rent. This followed previous reports from neighbours during the Christmas/New Year period that the tenant was seen loading up her car with possessions and leaving. She has not been reported back since. Uncollected mail has built up.

On 31 January 2025 the landlord served a letter on the tenant, confirming its concerns about abandonment and request she get in touch immediately if this was not the case.

The landlord advised of concerns raised about others at the premises and two squatters were later found and told to leave, which they did. There was no indication they were there with the permission of the tenant.

A recent inspection report was provided. Ascertaining abandonment in this instance is more of a challenge as the landlord provides furnishings and manages the electricity. Normally, the removal of one, or the cessation of the other, are indicative of potential abandonment. Further, some personal possessions of the tenant have been left behind.

The landlord has had to remove perishing foods from the kitchen and fridge. They confirmed in the last inspection that no further occupancy was apparent, and the impression of abandonment remained. The photos provided support of that.

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

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord decided to cap the rent liability as $606.86. This is a significant reduction to what full liability would have been.

The priority of the landlord is to regain possession so the premises may be offered to another whanau.

I note that an application under s 55(1)(a) RTA would have resulted in a similar outcome of termination and possession, given the significant rent arrears. Filing fee

As the landlord has been wholly successful in its application, I must return the application filing fee.

Order

Claims and awards in Tenancy Tribunal application 5170152 — net $321.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (capped	$606.86	Rent arrears (capped
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$321.86
Total payable by Tenant to Landlord	$321.86

The Bond Centre is to pay the bond of $312.00 (6424804-005) to Mahitahi Kainga Trust immediately.

Sonia Georgina Pareautaua Wetini must pay Mahitahi Kainga Trust $321.86 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.

Should the tenancy be terminated?

On 31 January 2025 the landlord served a letter on the tenant, confirming its concerns about abandonment and request she get in touch immediately if this was not the case.

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

How much does the tenant owe?

The priority of the landlord is to regain possession so the premises may be offered to another whanau.

I note that an application under s 55(1)(a) RTA would have resulted in a similar outcome of termination and possession, given the significant rent arrears. Filing fee

As the landlord has been wholly successful in its application, I must return the application filing fee.

Tenancy Tribunal case 5170152 — Rent arrears at Unit/Flat Unit 35, 16 Franklyne Road, Otara, Auckland 2023,

At a glance

Tenancy Tribunal case 5170152 — Rent arrears at Unit/Flat Unit 35, 16 Franklyne Road, Otara, Auckland 2023,

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