What was Tenancy Tribunal case 5203531 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 5203531?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,642.85 awarded to landlord

What type of tenancy dispute was case 5203531?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5203531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11799968-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5203531 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 5203531?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $9,642.85 awarded to landlord

What type of tenancy dispute was case 5203531?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5203531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11799968-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5203531 — Rent arrears

Claims and awards in Tenancy Tribunal application 5203531 — net $4,669.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 March 2025	$9,642.85	Rent arrears to 11 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,669.85
Total payable by Tenant to Landlord	$4,669.85

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
The tenancy is terminated, and possession granted to the landlord immediately.
[The tenant/s] must pay [The landlord/s] $4,669.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $5,000.00 to [The landlord/s] immediately.

Reasons

The hearing was conducted by video link. [ Landlord] appeared for the landlord along with [ Property Manager] , who has been recently engaged as the landlord’s agent. The tenant did not attend the hearing.
The tenancy commenced on 14 June 2024 and is for a fixed term ending on 13 June 2025. The rent summary shows that the tenant made regular rent payments until they ceased. The landlord states that on 11 March 2025, their agent at the time visited the property. The tenant was not present. Upon enquiry, one of the tenant’s immediate neighbours advised that there had been an incident at the property and the tenant had been taken to hospital by the police.
On or about 15 March 2025, the agent was advised that the tenant was undergoing compulsory assessment and treatment, and that they were unable to contact the tenant.
On or about 19 March 2025, the tenant’s dog was taken into care by animal services. On 19 March 2025, the landlord filed an application for abandonment, which was set down for hearing on 05 May 2025.
The landlord states that the tenant was in the country on a working visa. On or about 18 April 2025, the agent visited the hospital and was advised that the tenant had been discharged from and had returned to his home country.
On 24 April 2025, the landlord and [ Property Manager] conducted an inspection. Photographs taken at the inspection have been produced. The property was let furnished. The beds have been stripped. Several black plastic rubbish bags were stacked inside the house and in the internal garage. There are clothes and assorted items including bedding strewn around the floor. A large bowl of water was on the kitchen floor, along with bones gnawed and stripped of all flesh and a well chewed jandal. There are also animal faeces on the carpet. The evidence suggests that the tenant had left the property as stated and not returned.
The landlord seeks immediate possession of the property, rent arrears to 11 March 2025 totalling $9,642.85, refund of the bond of $5,000.00, and reimbursement of the filing fee.

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 (The “Act”). A tenancy is abandoned where the tenant leaves the premises, not intending to return or to meet their obligations, and fails to notify the landlord.
Under section 61(3)(b) of the Act, where the tenancy is a fixed term tenancy the landlord is entitled to claim rent arrears to the date of abandonment, and also to the end of the fixed term or when a new tenancy agreement is entered.
In this case the landlord is seeking rent arrears to 11 March 2025 only.
I am satisfied that tenant abandoned the premises. The tenant has left the property, and based on the evidence, I am satisfied that they do not intend to return. The rent was in arrears at the material time and remains unpaid. The tenancy is therefore terminated, and possession granted to the landlord immediately. The Tribunal also awards the landlord rent arrears as claimed, a refund of the bond, and reimbursement of the filing fee. Costs
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression.
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published.
Although, the landlord has been sufficiently successful and would be entitled, they do not seek name suppression. The tenant does seek name suppression, but in this case, they have not been substantially successful.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
While I am satisfied that the facts and reasoning of this decision are in the public interest, I am not satisfied that this interest necessarily extends to the name of the tenant. Clearly, events have not unfolded as the tenant may have intended. Upon careful consideration, I am satisfied that there are sufficient grounds to depart from the principle of open justice and exercise the discretion in subsection 95A (4). The Tribunal also orders suppression of the tenant’s name.

Claims and awards in Tenancy Tribunal application 5203531 — net $4,669.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 March 2025	$9,642.85	Rent arrears to 11 March 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,669.85
Total payable by Tenant to Landlord	$4,669.85

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
The tenancy is terminated, and possession granted to the landlord immediately.
[The tenant/s] must pay [The landlord/s] $4,669.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $5,000.00 to [The landlord/s] immediately.

Reasons

The hearing was conducted by video link. [ Landlord] appeared for the landlord along with [ Property Manager] , who has been recently engaged as the landlord’s agent. The tenant did not attend the hearing.
The tenancy commenced on 14 June 2024 and is for a fixed term ending on 13 June 2025. The rent summary shows that the tenant made regular rent payments until they ceased. The landlord states that on 11 March 2025, their agent at the time visited the property. The tenant was not present. Upon enquiry, one of the tenant’s immediate neighbours advised that there had been an incident at the property and the tenant had been taken to hospital by the police.
On or about 15 March 2025, the agent was advised that the tenant was undergoing compulsory assessment and treatment, and that they were unable to contact the tenant.
On or about 19 March 2025, the tenant’s dog was taken into care by animal services. On 19 March 2025, the landlord filed an application for abandonment, which was set down for hearing on 05 May 2025.
The landlord states that the tenant was in the country on a working visa. On or about 18 April 2025, the agent visited the hospital and was advised that the tenant had been discharged from and had returned to his home country.
On 24 April 2025, the landlord and [ Property Manager] conducted an inspection. Photographs taken at the inspection have been produced. The property was let furnished. The beds have been stripped. Several black plastic rubbish bags were stacked inside the house and in the internal garage. There are clothes and assorted items including bedding strewn around the floor. A large bowl of water was on the kitchen floor, along with bones gnawed and stripped of all flesh and a well chewed jandal. There are also animal faeces on the carpet. The evidence suggests that the tenant had left the property as stated and not returned.
The landlord seeks immediate possession of the property, rent arrears to 11 March 2025 totalling $9,642.85, refund of the bond of $5,000.00, and reimbursement of the filing fee.

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 (The “Act”). A tenancy is abandoned where the tenant leaves the premises, not intending to return or to meet their obligations, and fails to notify the landlord.
Under section 61(3)(b) of the Act, where the tenancy is a fixed term tenancy the landlord is entitled to claim rent arrears to the date of abandonment, and also to the end of the fixed term or when a new tenancy agreement is entered.
In this case the landlord is seeking rent arrears to 11 March 2025 only.
I am satisfied that tenant abandoned the premises. The tenant has left the property, and based on the evidence, I am satisfied that they do not intend to return. The rent was in arrears at the material time and remains unpaid. The tenancy is therefore terminated, and possession granted to the landlord immediately. The Tribunal also awards the landlord rent arrears as claimed, a refund of the bond, and reimbursement of the filing fee. Costs
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression.
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published.
Although, the landlord has been sufficiently successful and would be entitled, they do not seek name suppression. The tenant does seek name suppression, but in this case, they have not been substantially successful.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
While I am satisfied that the facts and reasoning of this decision are in the public interest, I am not satisfied that this interest necessarily extends to the name of the tenant. Clearly, events have not unfolded as the tenant may have intended. Upon careful consideration, I am satisfied that there are sufficient grounds to depart from the principle of open justice and exercise the discretion in subsection 95A (4). The Tribunal also orders suppression of the tenant’s name.

Tenancy Tribunal case 5203531 — Rent arrears

At a glance

Tenancy Tribunal case 5203531 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions