What was Tenancy Tribunal case 5278760 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 5278760?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,878.57 awarded to landlord; Water Rates: $58.77 awarded to landlord

What type of tenancy dispute was case 5278760?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5278760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11980604-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5278760 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 5278760?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,878.57 awarded to landlord; Water Rates: $58.77 awarded to landlord

What type of tenancy dispute was case 5278760?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5278760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11980604-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5278760 — Rent arrears

Claims and awards in Tenancy Tribunal application 5278760 — net $364.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 June 2025	$2,878.57	Rent arrears to 13 June 2025
Water rates	$58.77	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$364.34
Total payable by Tenant to Landlord	$364.34

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Sativa Reripeti Pulu at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Friday 13 June 2025.
The Bond has been retained by the landlord. The landlord is awarded the bond of $2600.00 to cover that portion of the debt.
Sativa Reripeti Pulu must pay [The landlord/s] $364.34 immediately, calculated as shown in the table below:

Reasons

[The landlord’s], the landlord’s, attended the hearing. Attempts to contact Ms Pulu were unsuccessful. I am satisfied that the tenant was properly served with the notice of hearing and the case proceeded in their absence.
The tenancy commenced on 6 May 2025 and was for a fixed term expiring 7 May 2028.
On 4 June 2025 the landlord filed an application with the Tribunal for termination of the tenancy on the following grounds: i. The tenant has abandoned the property, see section 61 of the Residential Tenancies Act 1986 (The “Act”). ii. The rent was at least 21 days in arrears at the date the application was filed, see section 55(1) of the Act. iii. The tenant failed to remedy a 14-day breach notice for rent arrears and it would be inequitable to refuse to terminate the tenancy, see section 56(1)(c) of the Act. iv. The tenant has caused, or has permitted any other person to cause, substantial damage to the premises, see section 55(1)(b) of the Act. v. The tenant has assaulted or has caused or permitted any person to assault or threaten to assault a neighbour of the premises, see section 55(1)(c)(v) of the Act.
The Landlord claimed water rates for the period 6 May 2025 to 5 June 2025.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement of provisions of the Act. Abandonment
The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears at the hearing date, section 61 of the Act. 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.

Should the tenancy be terminated for abandonment?

The landlord’s claim the tenant has abandoned the property due to ongoing rent arrears, minimal contact with them, not being present at a property inspection and comments from a neighbour.
The landlord said the tenant has failed to communicate with then since the commencement of the tenancy. The landlord gave the example of struggling to speak to the tenant to arrange a time for a plumber to visit the property, despite the plumbing work being at the tenant’s request.
The landlord said the tenant has failed to communicate with them over the issue of rent arrears and the service of the 14-day breach notices.
The landlord said the tenant was not present for a property inspection which occurred on 29 May 2025, at approximately 10.30am, and this was evidence of abandonment. However, the landlord produced photographs, taken during this property inspection, which showed personal items belonging to the tenant along with clothing, furniture, food and bedding inside the property.
The landlord said that they spoke to a neighbour at the time they completed the property inspection. The landlord said the neighbour claimed they had not seen the tenant at the property for a while. However, the landlord went on to say the neighbour told them they not been living in their home due to the noise and anti- social behaviour of the tenant and the tenant’s guests. The neighbour was not present to give this evidence to the Tribunal.
The landlord told the Tribunal that the tenant had contacted them this morning by text. The landlord said the tenant told them they were arranging for Work and Income to pay the rent arrears and wanted to arrange a time to meet to surrender the tenancy.
Having heard the evidence, the Tribunal is not persuaded that the tenancy has been abandoned. At the inspection on 29 May 2025 there was evidence of the tenant’s ongoing occupation of the property. Further, the comments by the neighbour to the landlord, concerning the level of noise and antisocial behaviour by the tenant and the tenant’s guests suggest the tenant was continuing to reside at the property. This was reinforced by the tenant’s text message to the landlord this morning where they wanted to arrange a time to meet to surrender the tenancy. The claim for abandonment is dismissed. Rent arrears
Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act. Decision
The landlord provided up to date rent records with prove the amount owed.
The landlord has issued four 14-day breach notices. The notices have not been remedied.
Rent was at least 21 days in arrears when the application was filed.
The rent records evidence only one payment of rent made on 6 May 2025. At the date of hearing the tenant’s rent arrears totalled $2878.57. The rent is more than 21 days in rent arrears. The tenancy is terminated. Damage and Assault
The landlord elected not to proceed with these claims on the basis the tenancy has been terminated for rent arrears. Bond
The landlord advised that they had failed to lodge the tenant’s bond in accordance with section 19(1)(b) of the Act. They provided an explanation to the Tribunal for their failure to do so. The Tribunal reminded the landlord of their obligations under the Act and the potential consequences for non-compliance.
Given the bond was not lodged with the Bond Centre, and the bond would have ordinarily been released to the landlord to cover that portion of the debt, the Tribunal awards the bond to the landlord. Water rates
The landlord provided a water rates invoice from Watercare which included fixed and paper bill charges totalling $173.69 for the period 6 May to 5 June 2025.
The landlord advised the Tribunal that the tenant’s two-bedroom property shares a water meter with a three-bedroom property on same site. The landlord seeks $74.46 from the tenant for their half share of the water rates for consumption only.
The Tribunal is not satisfied that the sum of $74.46 accurately reflects the tenant’s water consumption. The amount sought by the landlord appears to include a half share in the paper bill cost. Further, a half share split of the bill does not reflect the relative size of the properties connected to the single water meter, given the potential number of occupants based on number of bedrooms. The Tribunal awards the landlord $58.77 for water rate charges. Costs
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Section 95A of the Act provided that on the application of a party who has been whole or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been substantially successful and is granted name suppression.

Claims and awards in Tenancy Tribunal application 5278760 — net $364.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 June 2025	$2,878.57	Rent arrears to 13 June 2025
Water rates	$58.77	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$364.34
Total payable by Tenant to Landlord	$364.34

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Sativa Reripeti Pulu at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Friday 13 June 2025.
The Bond has been retained by the landlord. The landlord is awarded the bond of $2600.00 to cover that portion of the debt.
Sativa Reripeti Pulu must pay [The landlord/s] $364.34 immediately, calculated as shown in the table below:

Reasons

[The landlord’s], the landlord’s, attended the hearing. Attempts to contact Ms Pulu were unsuccessful. I am satisfied that the tenant was properly served with the notice of hearing and the case proceeded in their absence.
The tenancy commenced on 6 May 2025 and was for a fixed term expiring 7 May 2028.
On 4 June 2025 the landlord filed an application with the Tribunal for termination of the tenancy on the following grounds: i. The tenant has abandoned the property, see section 61 of the Residential Tenancies Act 1986 (The “Act”). ii. The rent was at least 21 days in arrears at the date the application was filed, see section 55(1) of the Act. iii. The tenant failed to remedy a 14-day breach notice for rent arrears and it would be inequitable to refuse to terminate the tenancy, see section 56(1)(c) of the Act. iv. The tenant has caused, or has permitted any other person to cause, substantial damage to the premises, see section 55(1)(b) of the Act. v. The tenant has assaulted or has caused or permitted any person to assault or threaten to assault a neighbour of the premises, see section 55(1)(c)(v) of the Act.
The Landlord claimed water rates for the period 6 May 2025 to 5 June 2025.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement of provisions of the Act. Abandonment
The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears at the hearing date, section 61 of the Act. 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.

Should the tenancy be terminated for abandonment?

The landlord’s claim the tenant has abandoned the property due to ongoing rent arrears, minimal contact with them, not being present at a property inspection and comments from a neighbour.
The landlord said the tenant has failed to communicate with then since the commencement of the tenancy. The landlord gave the example of struggling to speak to the tenant to arrange a time for a plumber to visit the property, despite the plumbing work being at the tenant’s request.
The landlord said the tenant has failed to communicate with them over the issue of rent arrears and the service of the 14-day breach notices.
The landlord said the tenant was not present for a property inspection which occurred on 29 May 2025, at approximately 10.30am, and this was evidence of abandonment. However, the landlord produced photographs, taken during this property inspection, which showed personal items belonging to the tenant along with clothing, furniture, food and bedding inside the property.
The landlord said that they spoke to a neighbour at the time they completed the property inspection. The landlord said the neighbour claimed they had not seen the tenant at the property for a while. However, the landlord went on to say the neighbour told them they not been living in their home due to the noise and anti- social behaviour of the tenant and the tenant’s guests. The neighbour was not present to give this evidence to the Tribunal.
The landlord told the Tribunal that the tenant had contacted them this morning by text. The landlord said the tenant told them they were arranging for Work and Income to pay the rent arrears and wanted to arrange a time to meet to surrender the tenancy.
Having heard the evidence, the Tribunal is not persuaded that the tenancy has been abandoned. At the inspection on 29 May 2025 there was evidence of the tenant’s ongoing occupation of the property. Further, the comments by the neighbour to the landlord, concerning the level of noise and antisocial behaviour by the tenant and the tenant’s guests suggest the tenant was continuing to reside at the property. This was reinforced by the tenant’s text message to the landlord this morning where they wanted to arrange a time to meet to surrender the tenancy. The claim for abandonment is dismissed. Rent arrears
Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act. Decision
The landlord provided up to date rent records with prove the amount owed.
The landlord has issued four 14-day breach notices. The notices have not been remedied.
Rent was at least 21 days in arrears when the application was filed.
The rent records evidence only one payment of rent made on 6 May 2025. At the date of hearing the tenant’s rent arrears totalled $2878.57. The rent is more than 21 days in rent arrears. The tenancy is terminated. Damage and Assault
The landlord elected not to proceed with these claims on the basis the tenancy has been terminated for rent arrears. Bond
The landlord advised that they had failed to lodge the tenant’s bond in accordance with section 19(1)(b) of the Act. They provided an explanation to the Tribunal for their failure to do so. The Tribunal reminded the landlord of their obligations under the Act and the potential consequences for non-compliance.
Given the bond was not lodged with the Bond Centre, and the bond would have ordinarily been released to the landlord to cover that portion of the debt, the Tribunal awards the bond to the landlord. Water rates
The landlord provided a water rates invoice from Watercare which included fixed and paper bill charges totalling $173.69 for the period 6 May to 5 June 2025.
The landlord advised the Tribunal that the tenant’s two-bedroom property shares a water meter with a three-bedroom property on same site. The landlord seeks $74.46 from the tenant for their half share of the water rates for consumption only.
The Tribunal is not satisfied that the sum of $74.46 accurately reflects the tenant’s water consumption. The amount sought by the landlord appears to include a half share in the paper bill cost. Further, a half share split of the bill does not reflect the relative size of the properties connected to the single water meter, given the potential number of occupants based on number of bedrooms. The Tribunal awards the landlord $58.77 for water rate charges. Costs
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Section 95A of the Act provided that on the application of a party who has been whole or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been substantially successful and is granted name suppression.

Tenancy Tribunal case 5278760 — Rent arrears

At a glance

Tenancy Tribunal case 5278760 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated for abandonment?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated for abandonment?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions