TIEU v MUIR [2017] NZHC 621

TIEU v MUIR [2017] NZHC 621

Because the respondent was in substantial rent arrears, did not oppose the proceeding and effectively abandoned the premises by returning the key, the court cancelled the lease, ordered possession to the plaintiffs, quantified the rent arrears and awarded costs on a 2B basis.

Citation
[2017] NZHC 621
Parties
Plaintiff/applicant: Luong Thang Tieu; Plaintiff/applicant: Le Lam Tieu; Defendant/respondent: Glenys Muir
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 April 2017
Procedural Posture
Application for Possession and Cancellation of Lease Under the Property Law Act 2007 / Oral Judgment (hearing)
Outcome
Lease cancelled; possession granted to plaintiffs; rent arrears and daily rate ordered; costs awarded to plaintiffs.
Legal Topics
Possession, Cancellation of Lease, Rent Arrears, Costs
Property Law Landlord and Tenant Civil Procedure Possession Cancellation of Lease Rent Arrears Costs

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Parties

Luong Thang Tieu

Plaintiff/applicant

Le Lam Tieu

Plaintiff/applicant

Glenys Muir

Defendant/respondent

Procedural Posture

Application for Possession and Cancellation of Lease Under the Property Law Act 2007 / Oral Judgment (hearing)

Legal Issues

  1. 1 Whether the lease should be cancelled and possession granted due to rent arrears
  2. 2 Whether the quantum of rent arrears and daily rent rate are established
  3. 3 Whether costs on a 2B basis are appropriate

Ratio Decidendi

Because the respondent was in substantial rent arrears, did not oppose the proceeding and effectively abandoned the premises by returning the key, the court cancelled the lease, ordered possession to the plaintiffs, quantified the rent arrears and awarded costs on a 2B basis.

Court Disposition

Lease cancelled; possession granted to plaintiffs; rent arrears and daily rate ordered; costs awarded to plaintiffs.

Orders

  • The lease (C460128.2F) is cancelled as of 11 April 2017.
  • The plaintiffs are to have possession of the property from 11 April 2017.