What was Tenancy Tribunal case 5272881 about?

The tribunal order states: The order dated 15 October 2025 is recalled, amended and reissued pursuant

How much money was awarded in case 5272881?

Filing Fee: $27.00 awarded to tenant; Reimbursement Of Rent Paid In Advanc…: $530.00 awarded to tenant; Rent Arrears: $75.80 awarded to landlord

What type of tenancy dispute was case 5272881?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5272881?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12604021-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5272881 about?

The tribunal order states: The order dated 15 October 2025 is recalled, amended and reissued pursuant

How much money was awarded in case 5272881?

Filing Fee: $27.00 awarded to tenant; Reimbursement Of Rent Paid In Advanc…: $530.00 awarded to tenant; Rent Arrears: $75.80 awarded to landlord

What type of tenancy dispute was case 5272881?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5272881?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12604021-Tribunal_Order.pdf.

Room 3, Unit/Flat 46, 31 Poulson Street, Addington, Tenancy Tribunal Case 5272881 — Rent arrears

Claims and awards in Tenancy Tribunal application 5272881 — net $481.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 4 May 2025	$75.80		Rent arrears to 4 May 2025
Reimbursement of rent paid in advance		$530.00	Reimbursement of rent paid in advance
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$75.80	$557.00
Net award		$481.20
Bond		$1,060.00
Total payable by Landlord to Tenant		$481.20

Order

The order dated 15 October 2025 is recalled, amended and reissued pursuant to the terms of this order.
Braziers Limited As Agent For David And [The landlord/s] must pay [The tenant/s] $481.20 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,060.00 (BN-00071396) immediately apportioned as follows: Braziers Limited As Agent For David And [The landlord/s]: $0.00 [The tenant/s]: $1,060.00

Reasons

Both parties attended the hearing on 14 October 2025.
The tenant seeks a refund of their bond and rent paid in advance at the beginning of the tenancy. The landlord has filed a cross-application for rent arrears.
At the hearing on 14 October 2025, the parties’ evidence and submissions focussed solely on the bond. As a result, the rent paid in advance by the tenant at the beginning of the tenancy was not addressed in the order dated 15 October 2025. Subsequently, the Tribunal was contacted by the parties, seeking clarification about what should happen to the $530.00 of rent paid in advance by the tenant.
The purpose of this order is to recall, amend and reissue the order dated 15 October 2025 to reflect the rent paid in advance by the tenant.
The Bond Centre has not refunded the bond yet pursuant to the terms of the order dated 15 October 2025. This enables me to amend the original order on the papers.
Each party must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The law

A boarding house tenancy is a residential tenancy in a boarding house: 1 a. That is intended to, or that does in fact, last for 28 days or more; and b. Under which the tenant is granted exclusive rights to occupy particular sleeping quarters in the boarding house, and has the right to the shared use of the facilities of the boarding house.
A boarding house tenancy agreement must include a statement of whether the tenancy is intended to last for 28 days or more. 2
A tenant under a boarding house tenancy may terminate the tenancy by giving at least 48 hours’ notice to the landlord. 3 1 Residential Tenancies Act 1986, section 66B. 2 Residential Tenancies Act 1986, section 66C(1)(a). 3 Residential Tenancies Act 1986, section 66V(1). Evidence and submissions of the parties
The parties signed a boarding house tenancy agreement on 16 April 2025. The start date for the tenancy is recorded as 2 May 2025.
On 17 April 2025, the tenant paid the landlord a bond of $1,060.00. Later that same day, the tenant sent the landlord 48 hours’ notice cancelling the tenancy.
The tenant claims they are entitled to end the tenancy by giving 48 hours’ notice and only have to pay 2 days of rent.
The landlord claims the tenant must pay $567.86 in rent, which 15 days’ worth of rent and covers the period from 17 April 2025 – 2 May 2025. The landlord claims this is because clause 1 of the tenancy agreement states that it is intended that the tenancy will last at least 28 days. Analysis
The reason a boarding house tenancy agreement must include a statement of whether the tenancy is intended to last for 28 days or more, is to clarify the issue of jurisdiction. The Tribunal has jurisdiction in respect of boarding house tenancies, but it does not have jurisdiction in respect of residential tenancies where the premises: 4 a. Are intended to provide temporary or transient accommodation (such as tat provided by hotels and motels), being accommodation that is ordinarily provided for periods of less than 28 days at a time; and b. Are subject to an agreement that has been entered into for the purpose of providing temporary or transient accommodation that continues to be provided under the agreement.
Boarding house tenancies are often used to provide temporary or transient accommodation. The fact that a boarding house tenancy agreement must include a statement about whether it is intended that the tenancy will last for 28 days or more, is to ensure the Tribunal has jurisdiction in the instance the tenancy lasts for less than 28 days. The statement of intent is not related to the notice period a tenant needs to give to end a boarding house tenancy.
Section 66V(1) RTA clearly states that a tenant of a boarding house tenancy only needs to give 48 hours’ notice to end the tenancy. Nothing is mentioned about the fact that a tenant must give more notice if they decide to leave the tenancy earlier than 28 days.
For these reasons, I find the tenant was entitled to end the tenancy by giving 48 hours’ notice under section 66V(1) RTA. 4 Section 5(1)(k).
The tenancy began on 2 May 2025. Therefore, the tenant is liable to pay rent up to 4 May 2025, which is $75.80.
The landlord’s claim for rent arrears is granted for $75.80. How much should the landlord refund the tenant from the rent paid in advance at the beginning of the tenancy?
The tenant paid the landlord $530.00 for rent in advance at the beginning of the tenancy. This equates to two weeks rent.
The tenancy ended within 48 hours of it beginning. Therefore, the tenant is only liable to pay two days’ rent totalling $75.80. For this reason, the landlord must return the rent paid in advance to the tenant, less $75.80. Filing fee
The tenant has been wholly successful in their application. Therefore, I also order the landlord to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5272881 — net $481.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 4 May 2025	$75.80		Rent arrears to 4 May 2025
Reimbursement of rent paid in advance		$530.00	Reimbursement of rent paid in advance
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$75.80	$557.00
Net award		$481.20
Bond		$1,060.00
Total payable by Landlord to Tenant		$481.20

Order

The order dated 15 October 2025 is recalled, amended and reissued pursuant to the terms of this order.
Braziers Limited As Agent For David And [The landlord/s] must pay [The tenant/s] $481.20 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,060.00 (BN-00071396) immediately apportioned as follows: Braziers Limited As Agent For David And [The landlord/s]: $0.00 [The tenant/s]: $1,060.00

Reasons

Both parties attended the hearing on 14 October 2025.
The tenant seeks a refund of their bond and rent paid in advance at the beginning of the tenancy. The landlord has filed a cross-application for rent arrears.
At the hearing on 14 October 2025, the parties’ evidence and submissions focussed solely on the bond. As a result, the rent paid in advance by the tenant at the beginning of the tenancy was not addressed in the order dated 15 October 2025. Subsequently, the Tribunal was contacted by the parties, seeking clarification about what should happen to the $530.00 of rent paid in advance by the tenant.
The purpose of this order is to recall, amend and reissue the order dated 15 October 2025 to reflect the rent paid in advance by the tenant.
The Bond Centre has not refunded the bond yet pursuant to the terms of the order dated 15 October 2025. This enables me to amend the original order on the papers.
Each party must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much does the tenant owe in rent arrears?

The law

A boarding house tenancy is a residential tenancy in a boarding house: 1 a. That is intended to, or that does in fact, last for 28 days or more; and b. Under which the tenant is granted exclusive rights to occupy particular sleeping quarters in the boarding house, and has the right to the shared use of the facilities of the boarding house.
A boarding house tenancy agreement must include a statement of whether the tenancy is intended to last for 28 days or more. 2
A tenant under a boarding house tenancy may terminate the tenancy by giving at least 48 hours’ notice to the landlord. 3 1 Residential Tenancies Act 1986, section 66B. 2 Residential Tenancies Act 1986, section 66C(1)(a). 3 Residential Tenancies Act 1986, section 66V(1). Evidence and submissions of the parties
The parties signed a boarding house tenancy agreement on 16 April 2025. The start date for the tenancy is recorded as 2 May 2025.
On 17 April 2025, the tenant paid the landlord a bond of $1,060.00. Later that same day, the tenant sent the landlord 48 hours’ notice cancelling the tenancy.
The tenant claims they are entitled to end the tenancy by giving 48 hours’ notice and only have to pay 2 days of rent.
The landlord claims the tenant must pay $567.86 in rent, which 15 days’ worth of rent and covers the period from 17 April 2025 – 2 May 2025. The landlord claims this is because clause 1 of the tenancy agreement states that it is intended that the tenancy will last at least 28 days. Analysis
The reason a boarding house tenancy agreement must include a statement of whether the tenancy is intended to last for 28 days or more, is to clarify the issue of jurisdiction. The Tribunal has jurisdiction in respect of boarding house tenancies, but it does not have jurisdiction in respect of residential tenancies where the premises: 4 a. Are intended to provide temporary or transient accommodation (such as tat provided by hotels and motels), being accommodation that is ordinarily provided for periods of less than 28 days at a time; and b. Are subject to an agreement that has been entered into for the purpose of providing temporary or transient accommodation that continues to be provided under the agreement.
Boarding house tenancies are often used to provide temporary or transient accommodation. The fact that a boarding house tenancy agreement must include a statement about whether it is intended that the tenancy will last for 28 days or more, is to ensure the Tribunal has jurisdiction in the instance the tenancy lasts for less than 28 days. The statement of intent is not related to the notice period a tenant needs to give to end a boarding house tenancy.
Section 66V(1) RTA clearly states that a tenant of a boarding house tenancy only needs to give 48 hours’ notice to end the tenancy. Nothing is mentioned about the fact that a tenant must give more notice if they decide to leave the tenancy earlier than 28 days.
For these reasons, I find the tenant was entitled to end the tenancy by giving 48 hours’ notice under section 66V(1) RTA. 4 Section 5(1)(k).
The tenancy began on 2 May 2025. Therefore, the tenant is liable to pay rent up to 4 May 2025, which is $75.80.
The landlord’s claim for rent arrears is granted for $75.80. How much should the landlord refund the tenant from the rent paid in advance at the beginning of the tenancy?
The tenant paid the landlord $530.00 for rent in advance at the beginning of the tenancy. This equates to two weeks rent.
The tenancy ended within 48 hours of it beginning. Therefore, the tenant is only liable to pay two days’ rent totalling $75.80. For this reason, the landlord must return the rent paid in advance to the tenant, less $75.80. Filing fee
The tenant has been wholly successful in their application. Therefore, I also order the landlord to reimburse the filing fee.

Tenancy Tribunal case 5272881 — Rent arrears at Room 3, Unit/Flat 46, 31 Poulson Street, Addington,

At a glance

Tenancy Tribunal case 5272881 — Rent arrears at Room 3, Unit/Flat 46, 31 Poulson Street, Addington,

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions