What was the outcome of Tenancy Tribunal case 5196611?

The tribunal order states: The tenancy of Eric M Rarere at Unit/Flat Flat 3, 10 Taylor Street, Kensington,

How much money was awarded in case 5196611?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $756.00 awarded to landlord

What type of tenancy dispute was case 5196611?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5196611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11656004-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5196611?

The tribunal order states: The tenancy of Eric M Rarere at Unit/Flat Flat 3, 10 Taylor Street, Kensington,

How much money was awarded in case 5196611?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $756.00 awarded to landlord

What type of tenancy dispute was case 5196611?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5196611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11656004-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 3, 10 Taylor Street, Kensington, Timaru 7910 Tenancy Tribunal Case 5196611 — Rent arrears

Claims and awards in Tenancy Tribunal application 5196611 — net $423.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 February 2025	$756.00	Rent arrears to 14 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$423.00
Total payable by Tenant to Landlord	$423.00

Order

The tenancy of Eric M Rarere at Unit/Flat Flat 3, 10 Taylor Street, Kensington, Timaru 7910 is terminated, and possession is granted to Timaru District Council, at 12 pm, Tuesday, 1 April 2025.
The Bond Centre is to pay the bond of $360.00 (5596047-002) to Timaru District Council immediately.
Eric M Rarere must pay Timaru District Council $423.00 immediately, calculated as shown in the table below:
Timaru District Council 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 $423.00.
Timaru District Council must pay the proceeds of any sale, less the amount owing, being $423.00 for rent arrears and reasonable cost of sale, to the Bond Centre together with a copy of this order. DescriptionLandlord Rent arrears to 14 February 2025$756.00 Filing fee reimbursement$27.00 Total award$783.00 Bond$360.00 Total payable by Tenant to Landlord$423.00

Reasons

Ms Miller, on behalf of the landlord, attended the hearing via teleconference.
Mr Rarere, the tenant, did not attend the hearing.
Mr. Rarere was unable to attend the hearing because he is in prison. He is facing criminal charges. As he remains in custody, he has no means to participate in today’s hearing.
Additionally, Ms Miller confirmed that she had received no communication from Mr Rarere regarding his tenancy or his intention to return to the property.
The hearing proceeded in Mr Rarere’s absence.
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.
On 24 January 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises based on the following:
A Call from Bail Support Services Christchurch: a. On 24 January 2025, Ms Miller received a phone call from Bail Support Services in Christchurch informing her that Mr Rarere was in custody. This was the first time she learned about Rarere’s situation, as Mr Rarere himself did not communicate with her.
Lack of Communication: a. Ms Miller had no contact from Mr Rarere regarding his tenancy since he was remanded in custody, further supporting the belief that he had no intention of returning to the property.
Rent Arrears: a. Mr Rarere’s last rent payment was made on 30 December 2024, and no further payments were received thereafter. This prolonged absence of payment, coupled with the lack of communication, indicated abandonment.
Because the premises have been abandoned, and rent is in arrears, 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 amount ordered includes rent in lieu of notice.
The breakdown of the rent arrears is: a. 30 December 2024 to 23 January 2025 - $378.00 (rent owing before the discovery of abandonment). b. 24 January 2025 to 14 February 2025 - $378.00 (maximum rent owning after discovering abandonment). Disposal of goods
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant. There is no communication from the tenant either.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods 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 associated with the disposal of goods from the sale proceeds and rent arrears 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.
I understand that Ms. Miller will conduct a final inspection after the landlord takes possession of the property. It is likely that a new application will need to be filed with the Tribunal to address other compensation issues. Filing fee
Because Timaru District Council has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5196611 — net $423.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 February 2025	$756.00	Rent arrears to 14 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$423.00
Total payable by Tenant to Landlord	$423.00

Order

The tenancy of Eric M Rarere at Unit/Flat Flat 3, 10 Taylor Street, Kensington, Timaru 7910 is terminated, and possession is granted to Timaru District Council, at 12 pm, Tuesday, 1 April 2025.
The Bond Centre is to pay the bond of $360.00 (5596047-002) to Timaru District Council immediately.
Eric M Rarere must pay Timaru District Council $423.00 immediately, calculated as shown in the table below:
Timaru District Council 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 $423.00.
Timaru District Council must pay the proceeds of any sale, less the amount owing, being $423.00 for rent arrears and reasonable cost of sale, to the Bond Centre together with a copy of this order. DescriptionLandlord Rent arrears to 14 February 2025$756.00 Filing fee reimbursement$27.00 Total award$783.00 Bond$360.00 Total payable by Tenant to Landlord$423.00

Reasons

Ms Miller, on behalf of the landlord, attended the hearing via teleconference.
Mr Rarere, the tenant, did not attend the hearing.
Mr. Rarere was unable to attend the hearing because he is in prison. He is facing criminal charges. As he remains in custody, he has no means to participate in today’s hearing.
Additionally, Ms Miller confirmed that she had received no communication from Mr Rarere regarding his tenancy or his intention to return to the property.
The hearing proceeded in Mr Rarere’s absence.
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.
On 24 January 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises based on the following:
A Call from Bail Support Services Christchurch: a. On 24 January 2025, Ms Miller received a phone call from Bail Support Services in Christchurch informing her that Mr Rarere was in custody. This was the first time she learned about Rarere’s situation, as Mr Rarere himself did not communicate with her.
Lack of Communication: a. Ms Miller had no contact from Mr Rarere regarding his tenancy since he was remanded in custody, further supporting the belief that he had no intention of returning to the property.
Rent Arrears: a. Mr Rarere’s last rent payment was made on 30 December 2024, and no further payments were received thereafter. This prolonged absence of payment, coupled with the lack of communication, indicated abandonment.
Because the premises have been abandoned, and rent is in arrears, 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 amount ordered includes rent in lieu of notice.
The breakdown of the rent arrears is: a. 30 December 2024 to 23 January 2025 - $378.00 (rent owing before the discovery of abandonment). b. 24 January 2025 to 14 February 2025 - $378.00 (maximum rent owning after discovering abandonment). Disposal of goods
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant. There is no communication from the tenant either.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods 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 associated with the disposal of goods from the sale proceeds and rent arrears 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.
I understand that Ms. Miller will conduct a final inspection after the landlord takes possession of the property. It is likely that a new application will need to be filed with the Tribunal to address other compensation issues. Filing fee
Because Timaru District Council has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5196611 — Rent arrears at Unit/Flat Flat 3, 10 Taylor Street, Kensington, Timaru 7910

At a glance

Tenancy Tribunal case 5196611 — Rent arrears at Unit/Flat Flat 3, 10 Taylor Street, Kensington, Timaru 7910

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