What was the outcome of Tenancy Tribunal case 5263781?

The tribunal order states: The tenancy of Awhina Rosewarne at Room B, 36B Islington Street, Turnbull

How much money was awarded in case 5263781?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,579.29 awarded to landlord

What type of tenancy dispute was case 5263781?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5263781?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11959105-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5263781?

The tribunal order states: The tenancy of Awhina Rosewarne at Room B, 36B Islington Street, Turnbull

How much money was awarded in case 5263781?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,579.29 awarded to landlord

What type of tenancy dispute was case 5263781?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5263781?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11959105-Tenancy_Tribunal_Order.pdf.

Room B, 36B Islington Street, Turnbull Thomson Park, Tenancy Tribunal Case 5263781 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5263781 — net $686.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 June 2025	$1,579.29	Rent arrears to 9 June 2025
Filing fees	$27.00	Filing fees
Net award	$686.29
Total payable by Tenant to Landlord	$686.29

The tenancy of Awhina Rosewarne at Room B, 36B Islington Street, Turnbull Thomson Park, Invercargill 9810 is terminated, and possession is immediately granted to Rent South Limited As Agent For Eight Talents Investments.

The Bond Centre is to pay the bond of $920.00 (6522094-001) to Rent South Limited As Agent For Eight Talents Investments immediately.

Awhina Rosewarne must pay Rent South Limited As Agent For Eight Talents Investments $686.29 immediately, calculated as shown in the table below:

Rent South Limited As Agent For Eight Talents Investments must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The Applicant attended the hearing; however, the tenant did not. Attempts were made to call her on her last known telephone number, and it went to an automated message that did not allow voice messages to be left. The tenant was properly served and did not communicate with the Registry; accordingly, the hearing was proceeded with in her absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, return of bond, and disposal of goods.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by falling into rental arrears of $1,579.29.

The landlord served a 14-day notice on the tenant on 1 May 2025, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because the rental arrears continue to accrue, and the tenant appears to have abandoned the tenancy based on the evidence provided at the hearing.

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated. Immediate possession following termination

The landlord provided rent records, which prove the amount owing at the end of the tenancy. Abandonment

Alternatively, 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 without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.

On or about 12 May 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The property inspection photos show the room including personal items on the bed remaining unmoved, other tenants in the property have not seen the tenant since January 2025 despite the odd rental payments in the interim. The tenant has not picked up new keys required for the premises, contacted the property manager or responded to their communications. The rental comes to an end in early July and it appears that the tenant has chosen to leave her personal items behind.

Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately. Disposal of goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord is unable to contact the tenant.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

The landlord may dispose of any goods that have no saleable value. Filing fee

Because Rent South Limited As Agent For Eight Talents Investments has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5263781 — net $686.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 June 2025	$1,579.29	Rent arrears to 9 June 2025
Filing fees	$27.00	Filing fees
Net award	$686.29
Total payable by Tenant to Landlord	$686.29

Order

The tenancy of Awhina Rosewarne at Room B, 36B Islington Street, Turnbull Thomson Park, Invercargill 9810 is terminated, and possession is immediately granted to Rent South Limited As Agent For Eight Talents Investments.
The Bond Centre is to pay the bond of $920.00 (6522094-001) to Rent South Limited As Agent For Eight Talents Investments immediately.
Awhina Rosewarne must pay Rent South Limited As Agent For Eight Talents Investments $686.29 immediately, calculated as shown in the table below:
Rent South Limited As Agent For Eight Talents Investments must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The Applicant attended the hearing; however, the tenant did not. Attempts were made to call her on her last known telephone number, and it went to an automated message that did not allow voice messages to be left. The tenant was properly served and did not communicate with the Registry; accordingly, the hearing was proceeded with in her absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, return of bond, and disposal of goods.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by falling into rental arrears of $1,579.29.
The landlord served a 14-day notice on the tenant on 1 May 2025, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the rental arrears continue to accrue, and the tenant appears to have abandoned the tenancy based on the evidence provided at the hearing.
Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated. Immediate possession following termination
The landlord provided rent records, which prove the amount owing at the end of the tenancy. Abandonment
Alternatively, 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 without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On or about 12 May 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The property inspection photos show the room including personal items on the bed remaining unmoved, other tenants in the property have not seen the tenant since January 2025 despite the odd rental payments in the interim. The tenant has not picked up new keys required for the premises, contacted the property manager or responded to their communications. The rental comes to an end in early July and it appears that the tenant has chosen to leave her personal items behind.
Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
The landlord may dispose of any goods that have no saleable value. Filing fee
Because Rent South Limited As Agent For Eight Talents Investments has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5263781 — Rent arrears at Room B, 36B Islington Street, Turnbull Thomson Park,

At a glance

Tenancy Tribunal case 5263781 — Rent arrears at Room B, 36B Islington Street, Turnbull Thomson Park,

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions