What was Tenancy Tribunal case 5262701 about?

The tribunal order states: The Tribunal orders suppression of the Tenant name and identifying details.

How much money was awarded in case 5262701?

Rent Arrears: $970.43 awarded to landlord

What type of tenancy dispute was case 5262701?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5262701?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12083675-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5262701 about?

The tribunal order states: The Tribunal orders suppression of the Tenant name and identifying details.

How much money was awarded in case 5262701?

Rent Arrears: $970.43 awarded to landlord

What type of tenancy dispute was case 5262701?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5262701?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12083675-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5262701 — Rent arrears

Claims and awards in Tenancy Tribunal application 5262701 — net $970.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.6.25	$970.43	Rent arrears to 4.6.25
Net award	$970.43
Total payable by Tenant to Landlord	$970.43

Order

The Tribunal orders suppression of the Tenant name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
[The tenant/s] must pay Kāinga Ora–Homes And Communities $970.43 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The Tribunal attempted to call the tenant at the cell phone number for her provided in the application. The call was answered but the recipient of the call would not speak. The landlord gave evidence that the tenant is currently in custody. However, there is also evidence that she has been on bail at various times; had been seen at the premises and likely received notifications about these proceedings to her cell phone and email address. There is also evidence that a lawyer acting for the tenant was aware of these proceedings. The tenant did not make any arrangement to attend the hearing by advising the Tribunal of alternative contact details.
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 arrear at the hearing date. See section 61 Residential Tenancies Act 1986. 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.
On 24 February 2025 the landlord became aware that the tenant had been detained in custody and that an e-bail hearing was scheduled for 5 March. They also obtained confirmation that the tenants children, also living at the premises, were in care of the tenants’ brother [R] and his partner/wife [D].
On 28 February, the landlord visited the premises and spoke with D obtaining confirmation that she was still held in custody.
On 26 March, the landlord issued a 14-day breach notice for rent arrears (the first notice) and a separate 14-day breach notice for failing to live at the premises (the second notice) and asking the tenant to return to the premises. The notices were also handed to the tenant’s brother R. Clauses 14 and 15 of the tenancy agreement provide that the tenant must live at the home at all times and the tenant must notify the landlord if they will be away from the home for more than 30 days. There was no response to the second notice.
A visit to the property on 11 April showed that the property was in poor condition.
Regular rent payments restarted on 17 April, although overall rent was in arrears.
On 24 April, a further inspection was carried out by the landlord. The property appeared to be empty with the tenant’s belongings gone, as shown in photos of the interior taken at the inspection.
The landlord attempted to make contact with the tenant in prison to see whether she would be returning to the premises because they were aware of a bail hearing scheduled on 30 April. On 28 April, a lawyer representing the tenant advised that she would not be able to return to the property on 30 April but could return in the near future depending on how her case proceeded but it could take another month or so.
Therefore, at this stage, while the rent was in arrears and it appeared that the tenant’s belongings had been cleared from the premises, there was a suggestion that she might return to live at the premises and had not abandoned the tenancy.
The landlord subsequently became aware on 3 June 2025 that the tenant had breached her bail conditions and was taken back into custody on 25 May. Subsequently, the landlord has been advised by counsel acting for the tenant that the tenant is still in custody and likely to remain there at least until August 2025. Rent payments also ceased from 4 June 2025 onwards.
After carefully considering the above evidence, I consider that the landlord knew (or ought to have been aware) that the tenant had abandoned the premises by 3 June, having received definite confirmation that she would not be returning for more than 2 months which is also a breach of the tenancy agreement terms.
It is difficult to determine the date of abandonment because while the property looked empty on 24 April and rent was in arrears, there were indications that the tenant might still return to the property, and current rent was being paid. I consider the landlord could only be certain from 3 June that the property had been abandoned with no prospect of the tenant returning in the next two months. This is also when rent payments ceased.
Usually, with a periodic tenancy, the landlord is entitled to three weeks rent in lieu of notice from the date of abandonment. However, I consider the fairest result is to only award the arrears owed for the week that the landlord obtained definite confirmation of the tenant’s situation. Therefore, I award the rent owed to 4 June 2025. That is because, The landlord may an application for termination for abandonment only. Had the landlord made an application in the alternative for termination under s55(1) for three weeks arrears or s56 for a breach of clauses 14 and 15 of the tenancy agreement, an earlier order terminating the tenancy on those grounds could have been made. In other words, I find that the landlord failed to mitigate their loss to some extent.
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 4 June 2025. Suppression
I have ordered suppression of the tenant’s name and identifying details. That is because there is the possibility that her name has been suppressed in connection with the criminal charges for which she is being held in custody. It is also not clear whether the criminal charges she is facing have been finally determined. Therefore, it is important that references to the tenant in this decision do not breach any orders made in the criminal jurisdiction.

Claims and awards in Tenancy Tribunal application 5262701 — net $970.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.6.25	$970.43	Rent arrears to 4.6.25
Net award	$970.43
Total payable by Tenant to Landlord	$970.43

Order

The Tribunal orders suppression of the Tenant name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
[The tenant/s] must pay Kāinga Ora–Homes And Communities $970.43 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The Tribunal attempted to call the tenant at the cell phone number for her provided in the application. The call was answered but the recipient of the call would not speak. The landlord gave evidence that the tenant is currently in custody. However, there is also evidence that she has been on bail at various times; had been seen at the premises and likely received notifications about these proceedings to her cell phone and email address. There is also evidence that a lawyer acting for the tenant was aware of these proceedings. The tenant did not make any arrangement to attend the hearing by advising the Tribunal of alternative contact details.
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 arrear at the hearing date. See section 61 Residential Tenancies Act 1986. 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.
On 24 February 2025 the landlord became aware that the tenant had been detained in custody and that an e-bail hearing was scheduled for 5 March. They also obtained confirmation that the tenants children, also living at the premises, were in care of the tenants’ brother [R] and his partner/wife [D].
On 28 February, the landlord visited the premises and spoke with D obtaining confirmation that she was still held in custody.
On 26 March, the landlord issued a 14-day breach notice for rent arrears (the first notice) and a separate 14-day breach notice for failing to live at the premises (the second notice) and asking the tenant to return to the premises. The notices were also handed to the tenant’s brother R. Clauses 14 and 15 of the tenancy agreement provide that the tenant must live at the home at all times and the tenant must notify the landlord if they will be away from the home for more than 30 days. There was no response to the second notice.
A visit to the property on 11 April showed that the property was in poor condition.
Regular rent payments restarted on 17 April, although overall rent was in arrears.
On 24 April, a further inspection was carried out by the landlord. The property appeared to be empty with the tenant’s belongings gone, as shown in photos of the interior taken at the inspection.
The landlord attempted to make contact with the tenant in prison to see whether she would be returning to the premises because they were aware of a bail hearing scheduled on 30 April. On 28 April, a lawyer representing the tenant advised that she would not be able to return to the property on 30 April but could return in the near future depending on how her case proceeded but it could take another month or so.
Therefore, at this stage, while the rent was in arrears and it appeared that the tenant’s belongings had been cleared from the premises, there was a suggestion that she might return to live at the premises and had not abandoned the tenancy.
The landlord subsequently became aware on 3 June 2025 that the tenant had breached her bail conditions and was taken back into custody on 25 May. Subsequently, the landlord has been advised by counsel acting for the tenant that the tenant is still in custody and likely to remain there at least until August 2025. Rent payments also ceased from 4 June 2025 onwards.
After carefully considering the above evidence, I consider that the landlord knew (or ought to have been aware) that the tenant had abandoned the premises by 3 June, having received definite confirmation that she would not be returning for more than 2 months which is also a breach of the tenancy agreement terms.
It is difficult to determine the date of abandonment because while the property looked empty on 24 April and rent was in arrears, there were indications that the tenant might still return to the property, and current rent was being paid. I consider the landlord could only be certain from 3 June that the property had been abandoned with no prospect of the tenant returning in the next two months. This is also when rent payments ceased.
Usually, with a periodic tenancy, the landlord is entitled to three weeks rent in lieu of notice from the date of abandonment. However, I consider the fairest result is to only award the arrears owed for the week that the landlord obtained definite confirmation of the tenant’s situation. Therefore, I award the rent owed to 4 June 2025. That is because, The landlord may an application for termination for abandonment only. Had the landlord made an application in the alternative for termination under s55(1) for three weeks arrears or s56 for a breach of clauses 14 and 15 of the tenancy agreement, an earlier order terminating the tenancy on those grounds could have been made. In other words, I find that the landlord failed to mitigate their loss to some extent.
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 4 June 2025. Suppression
I have ordered suppression of the tenant’s name and identifying details. That is because there is the possibility that her name has been suppressed in connection with the criminal charges for which she is being held in custody. It is also not clear whether the criminal charges she is facing have been finally determined. Therefore, it is important that references to the tenant in this decision do not breach any orders made in the criminal jurisdiction.

Tenancy Tribunal case 5262701 — Rent arrears

At a glance

Tenancy Tribunal case 5262701 — 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

Property management

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

Property management

Frequently asked questions