What was the outcome of Tenancy Tribunal case 5251899?

The tribunal order states: The tenancy of Fabio Tome Pose at 118 Porritt Avenue, Chatswood, Auckland

How much money was awarded in case 5251899?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,557.16 awarded to landlord

What type of tenancy dispute was case 5251899?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5251899?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12026789-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5251899?

The tribunal order states: The tenancy of Fabio Tome Pose at 118 Porritt Avenue, Chatswood, Auckland

How much money was awarded in case 5251899?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,557.16 awarded to landlord

What type of tenancy dispute was case 5251899?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5251899?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12026789-Tenancy_Tribunal_Order.pdf.

118 Porritt Avenue, Chatswood, Auckland 0626 Tenancy Tribunal Case 5251899 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5251899 — net $3,184.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11.6.2025	$6,557.16	Rent arrears to 11.6.2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,184.16
Total payable by Tenant to Landlord	$3,184.16

The tenancy of Fabio Tome Pose at 118 Porritt Avenue, Chatswood, Auckland 0626 is terminated, and possession is granted to Barfoot & Thompson Property Limited As Agent For Yee Lee, Ching, immediately.

Fabio Tome Pose must pay Barfoot & Thompson Property Limited As Agent For Yee Lee, Ching $3,184.16 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $3,400.00 (3100518-013) to Barfoot & Thompson Property Limited As Agent For Yee Lee, Ching immediately.

Reasons

Mr Fong, representing the landlord, attended the video conference hearing. The phone number for the tenant, the last three digits being 203, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in his absence.

The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the filing fee. During the hearing, the landlord made an oral application for refund of the bond, which I allowed.

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. 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 21 May 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said the tenant’s parents had told them before this that the tenant had left the country but said the tenant’s wife was still living at the property. The landlord said the tenant’s parents told them on 21 May 2025 that the tenant’s wife had also moved out of the property, leaving it empty. The landlord indicated they completed an inspection of the property on 23 May 2025 and found all the tenant’s belongings and furniture gone. The landlord provided several photographs of the property taken on 23 May 2025, showing all rooms in the property to be empty, without any furniture or belongings. The landlord said the tenant did not provide notice that he was leaving. I am persuaded by the evidence that the tenant has abandoned the premises.

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) of the Residential Tenancies Act 1986 (“RTA”) provides that the tenant is liable for 21 days of rent after the date specified by the Tribunal that the landlord first became aware the tenant had abandoned the property, which is 21 May 2025. Thus, the tenant is liable for rent to 11 June 2025.

The landlord provided rent records which prove the amount owing to 11 June 2025, which is $6,557.16. The amount ordered includes rent in lieu of notice. Refund of the bond

The landlord’s application for refund of the bond is allowed, given the amount of rent arrears.

The Bond Centre is to pay the bond of $3,400.00 (3100518-013) to Barfoot & Thompson Property Limited As Agent For Yee Lee, Ching immediately. Filing fee

Because Barfoot & Thompson Property Limited As Agent For Yee Lee, Ching has been successful with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5251899 — net $3,184.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11.6.2025	$6,557.16	Rent arrears to 11.6.2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,184.16
Total payable by Tenant to Landlord	$3,184.16

Fabio Tome Pose must pay Barfoot & Thompson Property Limited As Agent For Yee Lee, Ching $3,184.16 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $3,400.00 (3100518-013) to Barfoot & Thompson Property Limited As Agent For Yee Lee, Ching immediately.

Reasons

Should the tenancy be terminated?

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 to 11 June 2025, which is $6,557.16. The amount ordered includes rent in lieu of notice. Refund of the bond

The landlord’s application for refund of the bond is allowed, given the amount of rent arrears.

The Bond Centre is to pay the bond of $3,400.00 (3100518-013) to Barfoot & Thompson Property Limited As Agent For Yee Lee, Ching immediately. Filing fee

Because Barfoot & Thompson Property Limited As Agent For Yee Lee, Ching has been successful with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5251899 — Rent arrears at 118 Porritt Avenue, Chatswood, Auckland 0626

At a glance

Tenancy Tribunal case 5251899 — Rent arrears at 118 Porritt Avenue, Chatswood, Auckland 0626

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