How much money was awarded in case 5265433?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,582.86 awarded to landlord

What type of tenancy dispute was case 5265433?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5265433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880415-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5265433?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,582.86 awarded to landlord

What type of tenancy dispute was case 5265433?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5265433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880415-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 30 Waipuna Road, Mount Wellington, Tenancy Tribunal Case 5265433 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5265433?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

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Order

Claims and awards in Tenancy Tribunal application 5265433 — net $349.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 June 2025	$2,582.86	Rent arrears to 3 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$349.86
Total payable by Tenant to Landlord	$349.86

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

The tenancy of Jorge Luis Bahamonde and Cristinsing Jem Escobar Huerta at Unit/Flat Flat 2, 30 Waipuna Road, Mount Wellington, Auckland 1060 is terminated, and possession is granted to [The landlord/s], at 4 pm today Tuesday 3 June 2025.

The Bond Centre is to pay the bond of $2,260.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Jorge Luis Bahamonde and Cristinsing Jem Escobar Huerta must pay [The landlord/s] $349.86 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 3 June 2025$2,582.86 Filing fee reimbursement$27.00 Total award$2,609.86 Bond$2,260.00 Total payable by Tenant to Landlord$349.86

Reasons

The landlord attended the hearing by telephone.

The tenant was telephoned three times on one number and three messages were left. The tenant was also telephoned on another number and a message was left.

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.

On 9 May 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.

On that date, the tenant advised the landlord that he was going overseas and would not be returning to the property. The landlord has inspected the property and confirmed that all the tenant’s possessions have been removed except for some small items. The landlord has attempted to contact the tenant without success.

The term “abandoned” is not defined in the Act. In the context of section 61 RTA it can be taken to mean, firstly, the broad meaning of going away without intending to return; and, secondly, an element of irresponsibility such as nonpayment of rent or failure to give notice of termination.

The tenant could have given written notice to terminate the tenancy at the end of the fixed term on 20 July 2025, or he could have made an application to the Tribunal to reduce the term of the tenancy under section 66 RTA. He did neither.

It is clear that the tenant has abandoned the property for the following reasons: a. He informed the landlord that he would not be returning to the property. b. From photographic evidence provided by the landlord, the tenant has emptied the property of almost all of his possessions. c. He ceased paying rent.

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.

Because this is a fixed term tenancy, the tenant remains liable for rent until the end of the fixed term tenancy or the landlord re-lets the property, whichever occurs sooner.

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

Order

Claims and awards in Tenancy Tribunal application 5265433 — net $349.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 June 2025	$2,582.86	Rent arrears to 3 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$349.86
Total payable by Tenant to Landlord	$349.86

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

The Bond Centre is to pay the bond of $2,260.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing by telephone.

The tenant was telephoned three times on one number and three messages were left. The tenant was also telephoned on another number and a message was left.

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.

On 9 May 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.

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.

Because this is a fixed term tenancy, the tenant remains liable for rent until the end of the fixed term tenancy or the landlord re-lets the property, whichever occurs sooner.

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

Tenancy Tribunal case 5265433 — Rent arrears at Unit/Flat Flat 2, 30 Waipuna Road, Mount Wellington,

At a glance

Tenancy Tribunal case 5265433 — Rent arrears at Unit/Flat Flat 2, 30 Waipuna Road, Mount Wellington,

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