What was the outcome of Tenancy Tribunal case 5248594?

The tribunal order states: The tenancy of Andrew Simmonds at Unit/Flat Flat 7, 16 Park Street, Tauranga,

How much money was awarded in case 5248594?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,321.42 awarded to landlord

What type of tenancy dispute was case 5248594?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5248594?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11839476-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5248594?

The tribunal order states: The tenancy of Andrew Simmonds at Unit/Flat Flat 7, 16 Park Street, Tauranga,

How much money was awarded in case 5248594?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,321.42 awarded to landlord

What type of tenancy dispute was case 5248594?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5248594?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11839476-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 7, 16 Park Street, Tauranga, Tauranga 3110 Tenancy Tribunal Case 5248594 — Rent arrears

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Unit/Flat Flat 7, 16 Park Street, Tauranga, Tauranga 3110 Tenancy Tribunal Case 5248594 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5248594 — net $3,588.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent in lieu of notice to 30 April 2025	$4,321.42	Rent arrears and rent in lieu of notice to 30 April 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,588.42
Total payable by Tenant to Landlord	$3,588.42

Claims and awards for application 5248594 — net $3,588.42 NZD. Verify on MoJ.

Rent arrears and rent in lieu of notice to 30 April 2025

Amount: $4,321.42
Awarded to: Landlord
Reason: Rent arrears and rent in lieu of notice to 30 April 2025

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,588.42

Total payable by Tenant to Landlord

Landlord $3,588.42

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Andrew Simmonds at Unit/Flat Flat 7, 16 Park Street, Tauranga, Tauranga 3110 is terminated, and possession is granted to Bay City Rentals Tga Limited As Agent For Jim Peterson immediately.
The Bond Centre is to pay the bond of $760.00 (3120590-006) to Bay City Rentals Tga Limited As Agent For Jim Peterson immediately.
Andrew Simmonds must pay Bay City Rentals Tga Limited As Agent For Jim Peterson $3,588.42 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. A property manager represented the landlord.
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.
I am required to establish a date of abandonment because this was a periodic tenancy. The date of abandonment is relevant because the RTA allows me to order 21 days rent in lieu of notice from the date of abandonment. See section 61(2) and (3) RTA.
The landlord had a routine inspection booked for 3 April 2025. The landlord could not gain access. An email was sent that day which said: ... ...
On 4 April the tenant responded by text and said “Keys in letterbox”. The landlord then sent emails and text messages trying to confirm if the landlord could take possession. The house was inspected again on 28 April 2025 and the landlord concluded the tenant had moved out. I have seen the photos taken on 28 April and I can see the house is empty of any furniture and personal belongings.
I find the text on 4 April and the return of the keys was not a clear enough message for the landlord to take possession. It is reasonable to expect the tenant would also say that he had moved out/vacated. It seems most likely to me the tenant abandoned tenancy premises.
I find that the landlord should have acted sooner to establish if the house was abandoned. Section 48(2A) and (2B) RTA allow a landlord to inspect on 24 hours’ notice if rent is in arrears and the landlord has reasonable cause to believe the tenancy has been abandoned. It was reasonable to expect the landlord to give notice and inspect by the end of seven days.
On that basis I find the date of abandonment was 10 April 2025, which is when the landlord ought to have been aware that the tenant had abandoned the premises. I have allowed 21 days rent in lieu of notice which takes the rent to 30 April 2025.
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.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5248594 — net $3,588.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent in lieu of notice to 30 April 2025	$4,321.42	Rent arrears and rent in lieu of notice to 30 April 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,588.42
Total payable by Tenant to Landlord	$3,588.42

Claims and awards for application 5248594 — net $3,588.42 NZD. Verify on MoJ.

Rent arrears and rent in lieu of notice to 30 April 2025

Amount: $4,321.42
Awarded to: Landlord
Reason: Rent arrears and rent in lieu of notice to 30 April 2025

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,588.42

Total payable by Tenant to Landlord

Landlord $3,588.42

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Andrew Simmonds at Unit/Flat Flat 7, 16 Park Street, Tauranga, Tauranga 3110 is terminated, and possession is granted to Bay City Rentals Tga Limited As Agent For Jim Peterson immediately.
The Bond Centre is to pay the bond of $760.00 (3120590-006) to Bay City Rentals Tga Limited As Agent For Jim Peterson immediately.
Andrew Simmonds must pay Bay City Rentals Tga Limited As Agent For Jim Peterson $3,588.42 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. A property manager represented the landlord.
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.
I am required to establish a date of abandonment because this was a periodic tenancy. The date of abandonment is relevant because the RTA allows me to order 21 days rent in lieu of notice from the date of abandonment. See section 61(2) and (3) RTA.
The landlord had a routine inspection booked for 3 April 2025. The landlord could not gain access. An email was sent that day which said: ... ...
On 4 April the tenant responded by text and said “Keys in letterbox”. The landlord then sent emails and text messages trying to confirm if the landlord could take possession. The house was inspected again on 28 April 2025 and the landlord concluded the tenant had moved out. I have seen the photos taken on 28 April and I can see the house is empty of any furniture and personal belongings.
I find the text on 4 April and the return of the keys was not a clear enough message for the landlord to take possession. It is reasonable to expect the tenant would also say that he had moved out/vacated. It seems most likely to me the tenant abandoned tenancy premises.
I find that the landlord should have acted sooner to establish if the house was abandoned. Section 48(2A) and (2B) RTA allow a landlord to inspect on 24 hours’ notice if rent is in arrears and the landlord has reasonable cause to believe the tenancy has been abandoned. It was reasonable to expect the landlord to give notice and inspect by the end of seven days.
On that basis I find the date of abandonment was 10 April 2025, which is when the landlord ought to have been aware that the tenant had abandoned the premises. I have allowed 21 days rent in lieu of notice which takes the rent to 30 April 2025.
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.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5248594 — Rent arrears at Unit/Flat Flat 7, 16 Park Street, Tauranga, Tauranga 3110

At a glance

Tenancy Tribunal case 5248594 — Rent arrears at Unit/Flat Flat 7, 16 Park Street, Tauranga, Tauranga 3110

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