How much money was awarded in case 5199531?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,864.28 awarded to landlord

What type of tenancy dispute was case 5199531?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5199531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11633965-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5199531?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,864.28 awarded to landlord

What type of tenancy dispute was case 5199531?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5199531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11633965-Tenancy_Tribunal_Order.pdf.

7 Ferndale Drive, Snells Beach, Snells Beach 0920 Tenancy Tribunal Case 5199531 — Rent arrears

Q: What was Tenancy Tribunal case 5199531 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 7 Ferndale Drive, Snells Beach, Snells

Order

Claims and awards in Tenancy Tribunal application 5199531 — net $2,941.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 March 2025	$4,864.28	Rent arrears to 27 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,941.28
Total payable by Tenant to Landlord	$2,941.28

The tenancy of [The tenant/s] tenant/s] at 7 Ferndale Drive, Snells Beach, Snells Beach 0920 is terminated, and possession is granted to [The tenant/s] landlord/s] immediately.

The Bond Centre is to pay the bond of $1,950.00 (5066454-007) to [The tenant/s] landlord/s] immediately.

[The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $2,941.28 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing, set down to be conducted via video but joined by phone after non-appearance. Two calls to the tenant were made but both went unanswered. The message concluded with the advice I would try a second time after waiting some minutes. 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. 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 8 March 2025 the landlord became aware that the tenant had abandoned the premises. On landlord entry, electricity was found to be disconnected and food, left out as well as in the fridge, in a state of decay. The tenant’s mother assisted the landlord with the subsequent cleaning and she removed the remaining personal effects of her son. She told the landlord she had not been in recent contact with her son, but she believed he may have been remanded in custody, although uncertain on the current status.

I consider the premises were abandoned as no formal confirmation of any detaining of the tenant before or since is available (this relies on hearsay), he had earlier raised financial hardship with the landlord. The premises being furnished makes abandonment less obvious, but I am swayed to conclude it was abandoned by the discovered disconnection of electricity and the perishable items found in various locations and in a state of decay. The lack of any contact from the tenant since, after a history of prior engagement, is a further consideration.

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 amount ordered includes rent in lieu of notice.

Even if wrong in determining abandonment, rent was at least 21 days in arrears on the date the application was filed and the tenancy would be terminated regardless. See section 55(1)(a) Residential Tenancies Act 1986. Second application

The landlord has a second application set down for a hearing. He advised there are no further claims other than rent arrears. As that is confirmed and ordered here he intends to withdraw the second application. Filing fee

Because [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5199531 — net $2,941.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 March 2025	$4,864.28	Rent arrears to 27 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,941.28
Total payable by Tenant to Landlord	$2,941.28

Order

The tenancy of [The tenant/s] tenant/s] at 7 Ferndale Drive, Snells Beach, Snells Beach 0920 is terminated, and possession is granted to [The tenant/s] landlord/s] immediately.
The Bond Centre is to pay the bond of $1,950.00 (5066454-007) to [The tenant/s] landlord/s] immediately.
[The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $2,941.28 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing, set down to be conducted via video but joined by phone after non-appearance. Two calls to the tenant were made but both went unanswered. The message concluded with the advice I would try a second time after waiting some minutes. 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. 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 8 March 2025 the landlord became aware that the tenant had abandoned the premises. On landlord entry, electricity was found to be disconnected and food, left out as well as in the fridge, in a state of decay. The tenant’s mother assisted the landlord with the subsequent cleaning and she removed the remaining personal effects of her son. She told the landlord she had not been in recent contact with her son, but she believed he may have been remanded in custody, although uncertain on the current status.
I consider the premises were abandoned as no formal confirmation of any detaining of the tenant before or since is available (this relies on hearsay), he had earlier raised financial hardship with the landlord. The premises being furnished makes abandonment less obvious, but I am swayed to conclude it was abandoned by the discovered disconnection of electricity and the perishable items found in various locations and in a state of decay. The lack of any contact from the tenant since, after a history of prior engagement, is a further consideration.
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 amount ordered includes rent in lieu of notice.
Even if wrong in determining abandonment, rent was at least 21 days in arrears on the date the application was filed and the tenancy would be terminated regardless. See section 55(1)(a) Residential Tenancies Act 1986. Second application
The landlord has a second application set down for a hearing. He advised there are no further claims other than rent arrears. As that is confirmed and ordered here he intends to withdraw the second application. Filing fee
Because [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5199531 — Rent arrears at 7 Ferndale Drive, Snells Beach, Snells Beach 0920

At a glance

Tenancy Tribunal case 5199531 — Rent arrears at 7 Ferndale Drive, Snells Beach, Snells Beach 0920

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.