What was Tenancy Tribunal case 5260880 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 5260880?

Filing Fee: $27.00 awarded to landlord; Rent: $5,300.00 awarded to landlord; Water Rates: $435.79 awarded to landlord

What type of tenancy dispute was case 5260880?

The dispute type was not classified.

Where can I read the official tribunal order for case 5260880?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12660615-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5260880 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 5260880?

Filing Fee: $27.00 awarded to landlord; Rent: $5,300.00 awarded to landlord; Water Rates: $435.79 awarded to landlord

What type of tenancy dispute was case 5260880?

The dispute type was not classified.

Where can I read the official tribunal order for case 5260880?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12660615-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5260880 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5260880 — net $4,382.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 10 April 2025	$5,300.00	Rent to 10 April 2025
Water rates to 10 April 2025	$435.79	Water rates to 10 April 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,382.79
Total payable by Tenant to Landlord	$4,382.79

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Poleta Sosoli must pay [The landlord/s] $4,525.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,380.00 ([Bond number suppressed]) to [The landlord/s] immediately.
This order incorporates the Mediated order made on 7 January 2025 under application 5081081.
The landlord’s other claims are dismissed.

Reasons

The landlord applied for termination of the tenancy, an order for rent arrears, water rates, and costs associated with attempted eviction of the tenant.
There have been three hearings for this matter. The first two were attended by [Ms Ku]. [Ms Ke] attended the third hearing. The tenant, Ms Sosoli, did not attend any of the hearings. For all three she was phoned on the numbers provided but there was no response to the calls.
On 7 January 2025, the parties agreed to a mediated order (under application number 5081081) whereby Ms Sosoli would pay rent and water rates as set out in that order. The consequence of not doing so meant that the tenancy terminated automatically two working days after the first breach and the landlord was entitled to possession of the premises. In my order dated 2 July 2025 I noted that it was not clear when Ms Sosoli first breached the mediated order, but it was clear that it was breached two working days after 3 April 2025, which meant that the tenancy terminated on 8 April. I therefore made a possession order in favour of the landlord. I adjourned the landlord’s monetary claims to enable him to provide further evidence to support them. The application came back before me on 15 September when it was again adjourned to enable the landlord to provide better evidence, in particular, evidence to support the water rates claim.

How much is owed for rent and water rates?

I am satisfied that it is more likely than not that Ms Sosoli first breached the mediated order on 3 April (after taking into account two large payments Ms Sosoli made on 14 February and 14 March which put her in advance with payments), and therefore the tenancy terminated automatically on 8 April. Her last payment of rent (and arrears) was on 9 April 2025 for the rent week ending 10 April 2025.
On 6 May, the landlord applied to have Ms Sosoli evicted but, when the bailiffs went to the property, they found that Ms Sosoli had already vacated. [Ms Ke] was unable to say when Ms Sosoli had vacated or even whether she had vacated before the landlord applied for eviction.
Doing the best I can on the evidence before me, I consider that it is likely that Ms Sosoli had vacated sometime around 9 April, when she stopped making any rent payments or payments towards the arrears. I therefore find her liable for rent to 10 April 2025. I also find her liable for water rates to that date.
The amount of rent and water rates owing to 10 April has been established by the production of a rent record, water rates invoices, and a schedule of payments made for water rates.

Is Ms Sosoli liable for costs claimed in relation to eviction?

On 7 February the landlords arranged for Ms Sosoli’s eviction through the District Court. They also arranged for a locksmith to attend on the day scheduled for the eviction to have the locks changed. The eviction did not go ahead. [Ms Ku] said that it was cancelled when Ms Sosoli showed a screen shot of a payment made. However, the landlord was required to pay the locksmith the sum of $169.57 for the time spent at the premises, and they claim this sum from Ms Sosoli.
I dismiss this claim. As mentioned, it is not clear that Ms Sosoli was in beach of the mediated order at that time. Moreover, the request for the locksmith to attend on 7 February was a choice made by the landlord. A tenant is generally only liable for the costs to change locks and keys if they fail to return all keys at the end of the tenancy. The tenancy clearly did not end at that point and, even if it had, there is no evidence to support that Ms Sosoli would not have returned all the keys on that date.
I also dismiss the claim for the cost ($258.00) for the eviction application made by the landlord on 6 May. As mentioned, the eviction did not go ahead because Ms Sosoli had already vacated. As also mentioned, [Ms Ke] was unable to say when she vacated and I have found that it is more likely than not that she had vacated on or about 9 April, before the eviction application was made. Tribunal application fee
The landlord has been partially successful in his claims, and I consider this an appropriate case to award payment of the Tribunal application fee. Suppression
The landlord applied, in his application, for a suppression order. As the landlord has been mostly successful in his claims, he is entitled to an order pursuant to section 95A of the Residential Tenancies Act 1986. I therefore order that his name and identifying details be suppressed. Mediated order
The mediated order dated 7 January 2025 is incorporated into this order for enforcement purposes.

Claims and awards in Tenancy Tribunal application 5260880 — net $4,382.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 10 April 2025	$5,300.00	Rent to 10 April 2025
Water rates to 10 April 2025	$435.79	Water rates to 10 April 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,382.79
Total payable by Tenant to Landlord	$4,382.79

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Poleta Sosoli must pay [The landlord/s] $4,525.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,380.00 ([Bond number suppressed]) to [The landlord/s] immediately.
This order incorporates the Mediated order made on 7 January 2025 under application 5081081.
The landlord’s other claims are dismissed.

Reasons

The landlord applied for termination of the tenancy, an order for rent arrears, water rates, and costs associated with attempted eviction of the tenant.
There have been three hearings for this matter. The first two were attended by [Ms Ku]. [Ms Ke] attended the third hearing. The tenant, Ms Sosoli, did not attend any of the hearings. For all three she was phoned on the numbers provided but there was no response to the calls.
On 7 January 2025, the parties agreed to a mediated order (under application number 5081081) whereby Ms Sosoli would pay rent and water rates as set out in that order. The consequence of not doing so meant that the tenancy terminated automatically two working days after the first breach and the landlord was entitled to possession of the premises. In my order dated 2 July 2025 I noted that it was not clear when Ms Sosoli first breached the mediated order, but it was clear that it was breached two working days after 3 April 2025, which meant that the tenancy terminated on 8 April. I therefore made a possession order in favour of the landlord. I adjourned the landlord’s monetary claims to enable him to provide further evidence to support them. The application came back before me on 15 September when it was again adjourned to enable the landlord to provide better evidence, in particular, evidence to support the water rates claim.

How much is owed for rent and water rates?

I am satisfied that it is more likely than not that Ms Sosoli first breached the mediated order on 3 April (after taking into account two large payments Ms Sosoli made on 14 February and 14 March which put her in advance with payments), and therefore the tenancy terminated automatically on 8 April. Her last payment of rent (and arrears) was on 9 April 2025 for the rent week ending 10 April 2025.
On 6 May, the landlord applied to have Ms Sosoli evicted but, when the bailiffs went to the property, they found that Ms Sosoli had already vacated. [Ms Ke] was unable to say when Ms Sosoli had vacated or even whether she had vacated before the landlord applied for eviction.
Doing the best I can on the evidence before me, I consider that it is likely that Ms Sosoli had vacated sometime around 9 April, when she stopped making any rent payments or payments towards the arrears. I therefore find her liable for rent to 10 April 2025. I also find her liable for water rates to that date.
The amount of rent and water rates owing to 10 April has been established by the production of a rent record, water rates invoices, and a schedule of payments made for water rates.

Is Ms Sosoli liable for costs claimed in relation to eviction?

On 7 February the landlords arranged for Ms Sosoli’s eviction through the District Court. They also arranged for a locksmith to attend on the day scheduled for the eviction to have the locks changed. The eviction did not go ahead. [Ms Ku] said that it was cancelled when Ms Sosoli showed a screen shot of a payment made. However, the landlord was required to pay the locksmith the sum of $169.57 for the time spent at the premises, and they claim this sum from Ms Sosoli.
I dismiss this claim. As mentioned, it is not clear that Ms Sosoli was in beach of the mediated order at that time. Moreover, the request for the locksmith to attend on 7 February was a choice made by the landlord. A tenant is generally only liable for the costs to change locks and keys if they fail to return all keys at the end of the tenancy. The tenancy clearly did not end at that point and, even if it had, there is no evidence to support that Ms Sosoli would not have returned all the keys on that date.
I also dismiss the claim for the cost ($258.00) for the eviction application made by the landlord on 6 May. As mentioned, the eviction did not go ahead because Ms Sosoli had already vacated. As also mentioned, [Ms Ke] was unable to say when she vacated and I have found that it is more likely than not that she had vacated on or about 9 April, before the eviction application was made. Tribunal application fee
The landlord has been partially successful in his claims, and I consider this an appropriate case to award payment of the Tribunal application fee. Suppression
The landlord applied, in his application, for a suppression order. As the landlord has been mostly successful in his claims, he is entitled to an order pursuant to section 95A of the Residential Tenancies Act 1986. I therefore order that his name and identifying details be suppressed. Mediated order
The mediated order dated 7 January 2025 is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 5260880 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5260880 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is Ms Sosoli liable for costs claimed in relation to eviction?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Is Ms Sosoli liable for costs claimed in relation to eviction?

Topics & place

Residential Tenancies Act sections

Frequently asked questions