What was Tenancy Tribunal case 5186835 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 5186835?

Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,064.29 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 5186835?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5186835?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11919024-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5186835 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 5186835?

Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,064.29 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 5186835?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5186835?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11919024-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5186835 — Rent arrears

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 5186835 — 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 5186835 — net $7,491.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/5/25	$9,064.29	Rent arrears to 29/5/25
Cleaning	$350.00	Cleaning
Rubbish removal	$450.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,491.29
Total payable by Tenant to Landlord	$7,491.29

Claims and awards for application 5186835 — net $7,491.29 NZD. Verify on MoJ.

Rent arrears to 29/5/25

Amount: $9,064.29
Awarded to: Landlord
Reason: Rent arrears to 29/5/25

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $450.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $7,491.29

Total payable by Tenant to Landlord

Landlord $7,491.29

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $7,491.29 immediately, calculated as shown in the table below and in the following proportions:
[Tenant 1]: $2,221.43 being one third of the rent arrears after the bond has been applied Erwin Osdana Avena: $2,634.93 being one third of the rent arrears plus one half of the compensation costs Beejay Osdana Aguirre: $2,634.93 being one third of the rent arrears plus one half of the compensation costs
An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord and [Tenant 1]’s names and identifying details.

Reasons

The landlord attended the hearing represented by [The landlord’s representative/s].
[Tenant 1] attended the hearing with his employer as support person and witness. Neither Mr Aguirre nor Mr Avena attended, and they did not answer the calls made to their mobile phones during the hearing. It is understood they have left the country. They had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) RTA.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
Unfortunately, what has happened here is that [tenant 1] sought to leave the fixed term tenancy early. Initially the other tenants agreed but then reneged and left the tenancy themselves.
As this was a fixed term tenancy the landlord immediately commenced advertising for replacement tenants and applied to the Tribunal to end the tenancy. Both steps they rightfully should have taken to discharge their responsibility to mitigate their loss pursuant to section 49 of the RTA.
Unfortunately, as yet they have not been able to find replacement tenants, despite lowering the advertised rental. This is why the arrears are so high.
There have also been challenges with communication between [tenant 1], his employer and the landlord. Be those as they may, unfortunately [tenant 1] did not obtain the written consent of the landlord and his fellow tenants before he left the tenancy. He therefore remains a lawful tenant and as such liable for the rent arrears. He certainly attempted to do the right thing here however has been thwarted by disingenuous acts of Mr Aguirre and Mr Avena.
The claims for cleaning and rubbish removal clearly lie with the breaches of the RTA by Mr Aguirre and Mr Avena. Accordingly, the landlord agrees to pursue them for those costs.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their application for suppression.
Because [tenant 1] has consented to the rent arrears and termination order, it is just, pursuant to sections 85 and 95A of the RTA that his details be suppressed from the published order.
Given Mr Aguirre and Mr Avena’s failure to engage their details are not to be subject to suppression orders.

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 5186835 — net $7,491.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29/5/25	$9,064.29	Rent arrears to 29/5/25
Cleaning	$350.00	Cleaning
Rubbish removal	$450.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,491.29
Total payable by Tenant to Landlord	$7,491.29

Claims and awards for application 5186835 — net $7,491.29 NZD. Verify on MoJ.

Rent arrears to 29/5/25

Amount: $9,064.29
Awarded to: Landlord
Reason: Rent arrears to 29/5/25

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $450.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $7,491.29

Total payable by Tenant to Landlord

Landlord $7,491.29

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $7,491.29 immediately, calculated as shown in the table below and in the following proportions:
[Tenant 1]: $2,221.43 being one third of the rent arrears after the bond has been applied Erwin Osdana Avena: $2,634.93 being one third of the rent arrears plus one half of the compensation costs Beejay Osdana Aguirre: $2,634.93 being one third of the rent arrears plus one half of the compensation costs
An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord and [Tenant 1]’s names and identifying details.

Reasons

The landlord attended the hearing represented by [The landlord’s representative/s].
[Tenant 1] attended the hearing with his employer as support person and witness. Neither Mr Aguirre nor Mr Avena attended, and they did not answer the calls made to their mobile phones during the hearing. It is understood they have left the country. They had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) RTA.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
Unfortunately, what has happened here is that [tenant 1] sought to leave the fixed term tenancy early. Initially the other tenants agreed but then reneged and left the tenancy themselves.
As this was a fixed term tenancy the landlord immediately commenced advertising for replacement tenants and applied to the Tribunal to end the tenancy. Both steps they rightfully should have taken to discharge their responsibility to mitigate their loss pursuant to section 49 of the RTA.
Unfortunately, as yet they have not been able to find replacement tenants, despite lowering the advertised rental. This is why the arrears are so high.
There have also been challenges with communication between [tenant 1], his employer and the landlord. Be those as they may, unfortunately [tenant 1] did not obtain the written consent of the landlord and his fellow tenants before he left the tenancy. He therefore remains a lawful tenant and as such liable for the rent arrears. He certainly attempted to do the right thing here however has been thwarted by disingenuous acts of Mr Aguirre and Mr Avena.
The claims for cleaning and rubbish removal clearly lie with the breaches of the RTA by Mr Aguirre and Mr Avena. Accordingly, the landlord agrees to pursue them for those costs.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their application for suppression.
Because [tenant 1] has consented to the rent arrears and termination order, it is just, pursuant to sections 85 and 95A of the RTA that his details be suppressed from the published order.
Given Mr Aguirre and Mr Avena’s failure to engage their details are not to be subject to suppression orders.

Tenancy Tribunal case 5186835 — Rent arrears

At a glance

Tenancy Tribunal case 5186835 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions