What was the outcome of Tenancy Tribunal case 5277261?

The tribunal order states: The tribunal declares that Jupiter Avestros Magbanua has repudiated the fixed

How much money was awarded in case 5277261?

Application Fee: $27.00 awarded to landlord; Rent Arrears: $994.29 awarded to landlord

What type of tenancy dispute was case 5277261?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5277261?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12015314-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5277261?

The tribunal order states: The tribunal declares that Jupiter Avestros Magbanua has repudiated the fixed

How much money was awarded in case 5277261?

Application Fee: $27.00 awarded to landlord; Rent Arrears: $994.29 awarded to landlord

What type of tenancy dispute was case 5277261?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5277261?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12015314-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 3, 47 Blair Avenue, Papanui, Christchurch Tenancy Tribunal Case 5277261 — Rent arrears

Claims and awards in Tenancy Tribunal application 5277261 — net $1,021.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 8/6/25-19/6/25	$994.29	Rent arrears 8/6/25-19/6/25
Application fee	$27.00	Application fee
Net award	$1,021.29
Total payable by Tenant to Landlord	$1,021.29

Order

The tribunal declares that Jupiter Avestros Magbanua has repudiated the fixed term tenancy entered into with Kirkman Asset Management Ltd as agent for Yueh-Sheng Liu and that the landlord is entitled to proceed with readvertising the premises for rent.
Jupiter Avestros Magbanua must pay Kirkman Asset Management Limited - As Agent For Yueh-Sheng Liu $994.29 immediately, being rent arrears and the filing fee.

Reasons

The landlord attended the hearing which was conducted by phone. The tenant was phoned at the time of the hearing on the number provided but could not be contacted. The hearing continued in the tenant’s absence.
On 12 June a Notice of Hearing was served advising the parties that the hearing would be conducted by phone and that they would be contacted at
30 am on 19 June 2025 on the numbers provided.
Later on the morning of 19 June the Tribunal became aware of a message from the Christchurch District Court sent at 9.45am that the tenant had arrived at the Court for his hearing and that he asked to be phoned. The hearing had concluded by the time this message was received so the Registrar called the tenant and advised that the landlord had been given permission to proceed to readvertise the premises for rent and that a full decision would be issued on Monday 23 June 2025. The same advice was sent to the landlord.
The landlord has applied for a declaration that she could proceed to readvertise the property and sought rent arrears to the date of re-tenanting together with the associated costs. Background
On 24 May 2025 the landlord and tenant signed a fixed term tenancy to commence on 8 June 2025 ending on 7 June 2028. No bond or rent was paid.
On 30 May the tenant called the landlord and said he had got reduced job hours and he could not afford the property anymore and didn't want to move into the house. The landlord explained to him about his legal responsibilities and the assignment option and sent him an e-mail about the procedures of assignment. The tenant text the landlord on the same day seeking further clarification to which the landlord responded giving an indication of a possible cost to which the tenant responded that he thought he needed to get legal advice first before doing anything. The landlord replied “no problem”.
Shortly after this the tenant text again stating “Hi Vivian sorry but I'm no longer interested to place thank you for your time and effort I know I cause to much sorry”.
The landlord attended at the property on 8 June to conduct the pre-inspection report and hand over the keys, but the tenant did not arrive.
The issues to address are: •Was there a valid tenancy agreement? •If so, did the tenant repudiate the contract?

If so, is the landlord entitled to rent to the date of re-tenanting?

Was there a valid tenancy agreement?

General principles of contract law apply to residential tenancy agreements. A tenancy agreement is an enforceable agreement if there is an offer, acceptance and certainty of key terms, even if not in writing, the agreement is only signed by the tenant and regardless of payment of rent, bond or handing over keys.
The current agreement was signed by both parties and the key terms were agreed although no bond and rent were paid at that stage. I therefore find there was a valid enforceable tenancy agreement.

Did the tenant repudiate the agreement?

Repudiation of a contract occurs when one party, through words or actions, indicates they will not fulfil their contractual obligations. This essentially means they are refusing to perform their part of the agreement.
In this case despite the landlord advising the tenant of the options available to him the tenant made it very clear by his final text on 30 May that he would not be continuing with the tenancy and hence repudiated the contract. The landlord did not consent to this as evidenced by her attending at the property on the date of commencement of the tenancy. The tenant has not lodged an application for a reduction of fixed term tenancy due to his circumstances.
Repudiation in the tenancy environment is akin to an abandonment of the tenancy which is available to a landlord if the rent is in arrears.

Is the landlord entitled to claim for rent arrears?

Section 60 Residential Tenancies Act 1986 sets out the provisions that apply where a fixed term tenancy is abandoned when the rent is in arrears at the date of hearing. In such case the tenant is liable for rent to the date of the expiry of the term or the date of commencement of a new tenancy, whichever is the earlier.
At the date of hearing rent was in arrears and I therefore find the tenant is liable for the arrears for the period from 8 June to 19 June 2025.
The landlord is also claiming rent until the date of re tenanting and associated expenses however neither of these figures are quantified currently and should the landlord wished to make further claims she will need to file a new application.
As the landlord his been substantially successful in her application the cost of the filing fee is awarded. No suppression of identifying details was applied for.

Claims and awards in Tenancy Tribunal application 5277261 — net $1,021.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 8/6/25-19/6/25	$994.29	Rent arrears 8/6/25-19/6/25
Application fee	$27.00	Application fee
Net award	$1,021.29
Total payable by Tenant to Landlord	$1,021.29

Order

The tribunal declares that Jupiter Avestros Magbanua has repudiated the fixed term tenancy entered into with Kirkman Asset Management Ltd as agent for Yueh-Sheng Liu and that the landlord is entitled to proceed with readvertising the premises for rent.
Jupiter Avestros Magbanua must pay Kirkman Asset Management Limited - As Agent For Yueh-Sheng Liu $994.29 immediately, being rent arrears and the filing fee.

Reasons

The landlord attended the hearing which was conducted by phone. The tenant was phoned at the time of the hearing on the number provided but could not be contacted. The hearing continued in the tenant’s absence.
On 12 June a Notice of Hearing was served advising the parties that the hearing would be conducted by phone and that they would be contacted at
30 am on 19 June 2025 on the numbers provided.
Later on the morning of 19 June the Tribunal became aware of a message from the Christchurch District Court sent at 9.45am that the tenant had arrived at the Court for his hearing and that he asked to be phoned. The hearing had concluded by the time this message was received so the Registrar called the tenant and advised that the landlord had been given permission to proceed to readvertise the premises for rent and that a full decision would be issued on Monday 23 June 2025. The same advice was sent to the landlord.
The landlord has applied for a declaration that she could proceed to readvertise the property and sought rent arrears to the date of re-tenanting together with the associated costs. Background
On 24 May 2025 the landlord and tenant signed a fixed term tenancy to commence on 8 June 2025 ending on 7 June 2028. No bond or rent was paid.
On 30 May the tenant called the landlord and said he had got reduced job hours and he could not afford the property anymore and didn't want to move into the house. The landlord explained to him about his legal responsibilities and the assignment option and sent him an e-mail about the procedures of assignment. The tenant text the landlord on the same day seeking further clarification to which the landlord responded giving an indication of a possible cost to which the tenant responded that he thought he needed to get legal advice first before doing anything. The landlord replied “no problem”.
Shortly after this the tenant text again stating “Hi Vivian sorry but I'm no longer interested to place thank you for your time and effort I know I cause to much sorry”.
The landlord attended at the property on 8 June to conduct the pre-inspection report and hand over the keys, but the tenant did not arrive.
The issues to address are: •Was there a valid tenancy agreement? •If so, did the tenant repudiate the contract?

If so, is the landlord entitled to rent to the date of re-tenanting?

Was there a valid tenancy agreement?

General principles of contract law apply to residential tenancy agreements. A tenancy agreement is an enforceable agreement if there is an offer, acceptance and certainty of key terms, even if not in writing, the agreement is only signed by the tenant and regardless of payment of rent, bond or handing over keys.
The current agreement was signed by both parties and the key terms were agreed although no bond and rent were paid at that stage. I therefore find there was a valid enforceable tenancy agreement.

Did the tenant repudiate the agreement?

Repudiation of a contract occurs when one party, through words or actions, indicates they will not fulfil their contractual obligations. This essentially means they are refusing to perform their part of the agreement.
In this case despite the landlord advising the tenant of the options available to him the tenant made it very clear by his final text on 30 May that he would not be continuing with the tenancy and hence repudiated the contract. The landlord did not consent to this as evidenced by her attending at the property on the date of commencement of the tenancy. The tenant has not lodged an application for a reduction of fixed term tenancy due to his circumstances.
Repudiation in the tenancy environment is akin to an abandonment of the tenancy which is available to a landlord if the rent is in arrears.

Is the landlord entitled to claim for rent arrears?

Section 60 Residential Tenancies Act 1986 sets out the provisions that apply where a fixed term tenancy is abandoned when the rent is in arrears at the date of hearing. In such case the tenant is liable for rent to the date of the expiry of the term or the date of commencement of a new tenancy, whichever is the earlier.
At the date of hearing rent was in arrears and I therefore find the tenant is liable for the arrears for the period from 8 June to 19 June 2025.
The landlord is also claiming rent until the date of re tenanting and associated expenses however neither of these figures are quantified currently and should the landlord wished to make further claims she will need to file a new application.
As the landlord his been substantially successful in her application the cost of the filing fee is awarded. No suppression of identifying details was applied for.

Tenancy Tribunal case 5277261 — Rent arrears at Unit/Flat Flat 3, 47 Blair Avenue, Papanui, Christchurch

At a glance

Tenancy Tribunal case 5277261 — Rent arrears at Unit/Flat Flat 3, 47 Blair Avenue, Papanui, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

If so, is the landlord entitled to rent to the date of re-tenanting?

Was there a valid tenancy agreement?

Did the tenant repudiate the agreement?

Is the landlord entitled to claim for rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

If so, is the landlord entitled to rent to the date of re-tenanting?

Was there a valid tenancy agreement?

Did the tenant repudiate the agreement?

Is the landlord entitled to claim for rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions