What was Tenancy Tribunal case 5180672 about?

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

How much money was awarded in case 5180672?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,250.00 awarded to landlord

What type of tenancy dispute was case 5180672?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5180672?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11582009-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5180672 about?

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

How much money was awarded in case 5180672?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,250.00 awarded to landlord

What type of tenancy dispute was case 5180672?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5180672?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11582009-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5180672 — Rent arrears

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New Zealand Tenancy Tribunal Case 5180672 — 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 5180672 — net $1,277.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2024	$1,250.00	7. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,277.00
Total payable by Tenant to Landlord	$1,277.00

Claims and awards for application 5180672 — net $1,277.00 NZD. Verify on MoJ.

Rent arrears to 25 July 2024

Amount: $1,250.00
Awarded to: Landlord
Reason: 7. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Filing fee reimbursement

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

Net award

Landlord $1,277.00

Total payable by Tenant to Landlord

Landlord $1,277.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Sachindr Kumar and Sain Cois Trent must pay [The landlord/s] $1,277.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by teleconference. There was no attendance by the tenants. The Tribunal tried calling them for the hearing at the cell phone numbers provided for them in the application but there was no answer.
The landlord has applied for termination of the tenancy for abandonment and rent arrears.

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 (RTA). A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations.
This was a fixed term tenancy commencing on 16 August 2023 and to end on 22 August 2026. The tenants fell into arrears and advised the landlord by text message that they had moved out of the property on 20 July 2024 and left the keys in the mailbox. The landlord did not consent to ending the tenancy early. However, the landlord effectively took possession of the property, carried out cleaning and repairs and re-advertised it as available for rent. To date the property has not been re-tenanted.
I am satisfied that the landlord became aware (or ought to have been aware) that the tenants abandoned the premises on or about 27 July 2024, a week or so after they had vacated. A landlord is not obligated, on finding that the tenant has abandoned the premises, to make an application under section 61 RTA to terminate the tenancy for abandonment or to grant a new tenancy of the premises. However, because the landlord took possession of the premises in this case, I consider that there is an obligation to mitigate loss under s49 RTA which provides that the landlord must take all reasonable steps to limit the damage or loss arising from the tenant breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.
The landlord did not apply under section 61 until 27 February 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 landlord accepts that it took possession of the premises and only seeks rent to 20 July 2024, the current week in which the tenants abandoned the premises. In the circumstances, I consider that is fair and reasonable. K Stirling, 17 March 2025

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 5180672 — net $1,277.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2024	$1,250.00	7. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,277.00
Total payable by Tenant to Landlord	$1,277.00

Claims and awards for application 5180672 — net $1,277.00 NZD. Verify on MoJ.

Rent arrears to 25 July 2024

Amount: $1,250.00
Awarded to: Landlord
Reason: 7. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Filing fee reimbursement

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

Net award

Landlord $1,277.00

Total payable by Tenant to Landlord

Landlord $1,277.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Sachindr Kumar and Sain Cois Trent must pay [The landlord/s] $1,277.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by teleconference. There was no attendance by the tenants. The Tribunal tried calling them for the hearing at the cell phone numbers provided for them in the application but there was no answer.
The landlord has applied for termination of the tenancy for abandonment and rent arrears.

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 (RTA). A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations.
This was a fixed term tenancy commencing on 16 August 2023 and to end on 22 August 2026. The tenants fell into arrears and advised the landlord by text message that they had moved out of the property on 20 July 2024 and left the keys in the mailbox. The landlord did not consent to ending the tenancy early. However, the landlord effectively took possession of the property, carried out cleaning and repairs and re-advertised it as available for rent. To date the property has not been re-tenanted.
I am satisfied that the landlord became aware (or ought to have been aware) that the tenants abandoned the premises on or about 27 July 2024, a week or so after they had vacated. A landlord is not obligated, on finding that the tenant has abandoned the premises, to make an application under section 61 RTA to terminate the tenancy for abandonment or to grant a new tenancy of the premises. However, because the landlord took possession of the premises in this case, I consider that there is an obligation to mitigate loss under s49 RTA which provides that the landlord must take all reasonable steps to limit the damage or loss arising from the tenant breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract.
The landlord did not apply under section 61 until 27 February 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 landlord accepts that it took possession of the premises and only seeks rent to 20 July 2024, the current week in which the tenants abandoned the premises. In the circumstances, I consider that is fair and reasonable. K Stirling, 17 March 2025

Tenancy Tribunal case 5180672 — Rent arrears

At a glance

Tenancy Tribunal case 5180672 — Rent arrears

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

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