What was Tenancy Tribunal case 5189853 about?

The tribunal order states: The tenancy of [The tenant/s] at 11 Verner Place, Conifer Grove,

How much money was awarded in case 5189853?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5189853?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5189853?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11724870-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5189853 about?

The tribunal order states: The tenancy of [The tenant/s] at 11 Verner Place, Conifer Grove,

How much money was awarded in case 5189853?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5189853?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5189853?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11724870-Tenancy_Tribunal_Order.pdf.

11 Verner Place, Conifer Grove, Takanini 2112 Tenancy Tribunal Case 5189853 — Rent arrears

Reasons

Ms Thompson-Wise, representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 155, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in her absence.

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

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears at the hearing date. 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. See section 61 Residential Tenancies Act 1986 (“RTA”).

On 18 February 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said the tenant had moved into emergency housing after an incident at the property in late December 2024, then they received notice from the Ministry of Social Development in late January 2025 that circumstances had changed for the tenant as she was no longer residing at the property. The landlord drove past the property and noticed overgrown lawns and rubbish outside the property. The landlord issued a return to property notice to the tenant, expiring on 17 February 2025. The landlord then attended the property on 18 February 2025 to inspect the property. The landlord provided an Inspection Report and photographs, dated 18 February 2025, and an updating Inspection Report with photographs dated 11 April 2025. The photographs provided show a lot of rubbish strewn through the inside and outside of the property, overgrown lawns, not much furniture, mattresses on the floor without bedding and no important personal belongings shown. The landlord said they received a complaint from a neighbour that the property appeared abandoned, as the tenant had not been seen by the neighbour for a while, and the neighbour said they had seen unknown people going into the property and dumping rubbish. The landlord then attended at the property to mow the lawns, which they said were knee high, and clear the outside rubbish. The landlord said there were 7/8 shopping trolleys also left at the property. The landlord said they have made numerous attempts to communicate with the tenant, mostly without success. The landlord confirmed the tenant has not returned to the property. I am persuaded by the evidence provided that the tenant has likely abandoned the property.

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

How much does the tenant owe?

Section 61(3)(a)(i) RTA provides that the tenant is liable to pay rent for 28 days from the date the Tribunal specifies as the date the landlord first became aware that the property was abandoned. I accept the landlord’s contention, based on the evidence provided, and find that the landlord first became aware that the property was abandoned on 18 February 2025. Therefore, the tenant is liable to pay rent to 18 March 2025.

The landlord provided rent records which prove the amount owing to 18 March 2025, which is $1770.55. The amount ordered includes rent in lieu of notice.

Order

The tenancy of [The tenant/s] at 11 Verner Place, Conifer Grove, Takanini 2112 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,770.55 immediately, being rent arrears to 18 March 2025.

Reasons

Ms Thompson-Wise, representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 155, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in her absence.
The landlord has applied for termination of the tenancy for abandonment and rent arrears.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears at the hearing date. 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. See section 61 Residential Tenancies Act 1986 (“RTA”).
On 18 February 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said the tenant had moved into emergency housing after an incident at the property in late December 2024, then they received notice from the Ministry of Social Development in late January 2025 that circumstances had changed for the tenant as she was no longer residing at the property. The landlord drove past the property and noticed overgrown lawns and rubbish outside the property. The landlord issued a return to property notice to the tenant, expiring on 17 February 2025. The landlord then attended the property on 18 February 2025 to inspect the property. The landlord provided an Inspection Report and photographs, dated 18 February 2025, and an updating Inspection Report with photographs dated 11 April 2025. The photographs provided show a lot of rubbish strewn through the inside and outside of the property, overgrown lawns, not much furniture, mattresses on the floor without bedding and no important personal belongings shown. The landlord said they received a complaint from a neighbour that the property appeared abandoned, as the tenant had not been seen by the neighbour for a while, and the neighbour said they had seen unknown people going into the property and dumping rubbish. The landlord then attended at the property to mow the lawns, which they said were knee high, and clear the outside rubbish. The landlord said there were 7/8 shopping trolleys also left at the property. The landlord said they have made numerous attempts to communicate with the tenant, mostly without success. The landlord confirmed the tenant has not returned to the property. I am persuaded by the evidence provided that the tenant has likely abandoned the property.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

How much does the tenant owe?

Section 61(3)(a)(i) RTA provides that the tenant is liable to pay rent for 28 days from the date the Tribunal specifies as the date the landlord first became aware that the property was abandoned. I accept the landlord’s contention, based on the evidence provided, and find that the landlord first became aware that the property was abandoned on 18 February 2025. Therefore, the tenant is liable to pay rent to 18 March 2025.
The landlord provided rent records which prove the amount owing to 18 March 2025, which is $1770.55. The amount ordered includes rent in lieu of notice.

Tenancy Tribunal case 5189853 — Rent arrears at 11 Verner Place, Conifer Grove, Takanini 2112

At a glance

Claims & awards

Tenancy Tribunal case 5189853 — Rent arrears at 11 Verner Place, Conifer Grove, Takanini 2112

At a glance

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.