What was Tenancy Tribunal case 5283122 about?

The tribunal order states: Upon application, the landlord’s name and identifying details are suppressed.

How much money was awarded in case 5283122?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5283122?

The primary dispute was Rent arrears. Related themes: Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 5283122?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12306536-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5283122 about?

The tribunal order states: Upon application, the landlord’s name and identifying details are suppressed.

How much money was awarded in case 5283122?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5283122?

The primary dispute was Rent arrears. Related themes: Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 5283122?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12306536-Tribunal_Order_Redacted.pdf.

7 Sunnyheights Road, Orewa, Orewa 0931 Tenancy Tribunal Case 5283122 — Rent arrears

Order

Upon application, the landlord’s name and identifying details are suppressed.
The tenancy of Andrea Benkova and Bertold Benko at 7 Sunnyheights Road, Orewa 0931 is terminated as of 30 July 2025.
The Bond Centre is to pay the bond of $5,120.00 (Reference: [Bond number suppressed]) to [The landlord/s], immediately upon processing the required forms (which must include a copy of this Order).
Andrea Benkova and Bertold Benko must pay [The landlord/s] $11,086.20 immediately, being rental arrears plus the Tribunal’s filing fee, less the bond as follows:

Reasons

Only the landlord attended the hearing. The landlord was assisted, as requested, by a Mandarin interpreter.
The Registrar attempted unsuccessfully to contact the tenants by telephone and sought them at the courthouse. The landlord confirmed that the tenants’ contact details used for service were correct and had recently been used in June 2025.
As the tenants were properly served with notice of the hearing, and did not request an adjournment or alternate arrangements, the Tribunal proceeded in their absence in accordance with sections 91(2)(d) and 92(1) of the Residential Tenancies Act 1986. Background facts
The tenants signed a fixed-term tenancy agreement which commenced on 19 August 2024 and was due to end on 16 August 2025. The agreed weekly rent was $1,280.00. A bond of $5,120.00 was paid, along with two weeks’ rent in advance (a total of $2,560.00).
According to the landlord’s rent summary, rent was paid consistently until 6 January 2025. From that point onward, payments became irregular, and the rent was generally one week in arrears until 28 April 2025. From 5 May 2025, no further rent payments were made. The cause of the rent arrears is unknown.
On 12 May, 29 May, and 10 June 2025, the landlord served three 14-day notices to remedy the breach, which related to unpaid rent. The breach remained unremedied on each occasion.
The landlord states that on or around 10 June 2025, it received an email from the tenants indicating that they had vacated the premises on 1 June 2025, citing excessive construction noise. The landlord responded that this was not a valid ground to unilaterally terminate a fixed-term tenancy. Although the Tribunal has not seen copies of this correspondence, the landlord’s account of what was communicated is accepted, in the tenants’ absence, as materially accurate.
The landlord took possession of the property on that day and noticed that it appeared to have been vacated. Also on 10 June 2025, the landlord applied to the Tribunal seeking termination of the tenancy, payment of rent arrears, refund of the bond, and reimbursement of the filing fee.
At the time of the hearing on 30 July 2025, the property had not yet been re- tenanted. The landlord claimed that the property required cleaning and maintenance before it could be let again. Some rubbish and personal belongings were allegedly left behind. However, no documentary evidence or photos were provided to support these claims.
The landlord also mentioned that lawn mowing costs had not been paid, but again, no invoices or supporting evidence were presented. Jurisdiction of this hearing
The Tribunal confirmed with the landlord that the only issues for determination at this hearing were those included in the landlord’s application and the notice of hearing: termination of the tenancy, rent arrears, refund of the bond, and reimbursement of the filing fee.
Any other issues, such as costs related to cleaning, rubbish removal, or lawn maintenance, must be pursued in a separate application. Such claims must include proper supporting evidence and be served on the tenants in advance, to ensure fairness and adequate opportunity to respond. Termination of tenancy
The landlord provided a rent summary showing that rent was more than seven weeks in arrears at the time the application was made. Under sections 55(1)(a) and 56(2) of the Residential Tenancies Act 1986, where rent is more than 21 days in arrears, the Tribunal must order termination of the tenancy.
Accordingly, the tenancy is terminated as of 30 July 2025. Rent arrears and release of bond
At the hearing, the landlord sought rent up to the end of the fixed term on 16 August 2025. However, this is not appropriate in the current circumstances, for the following reasons: a. The landlord took possession of the premises on 10 June 2025; b. The landlord has an obligation under section 49 of the Act to mitigate losses. As of the hearing date, seven weeks had passed since possession was taken, and the property remained untenanted. The landlord acknowledged that no advertising had taken place, stating that maintenance was being carried out. However, no evidence was presented regarding what work was being done or how long it would take. c. The tenants did not apply for a reduction of the fixed term under section 66 of the Act, which would allow the Tribunal to assess any reasonable compensation due.
The Tribunal therefore awards only the rent arrears owing up to 30 July 2025.
To offset these arrears, the Bond Centre is to release the bond of $5,120.00 to the landlord’s agent upon processing the appropriate forms that are to be lodged by the landlord (including a copy of this Order). Other claims and issues
The landlord stated that, “If the tenant ends the tenancy before the current tenancy agreement ends, we would like the tenant to pay a breaching fee of one week’s rent.” This appears to be a claim for exemplary damages under section 61(5) of the Act for abandonment of the tenancy without reasonable excuse.
However, this was not clearly sought in the landlord’s application and was not included in the notice of hearing and therefore in the scope of this hearing. The Tribunal makes no decision on that point. The landlord may file a separate application for exemplary damages and/or other post-tenancy claims, provided it is properly served and supported by evidence. Reimbursement of the filing fee
Because [The landlord/s] has substantially succeeded in its application, the Tribunal orders reimbursement of the filing fee in the amount of $27.00, pursuant to section 102(4)(b) of the Act. Suppression orders
The landlord seeks suppression orders.
As the landlord has substantially succeeded in its application, and there is no overriding public interest in publication, the Tribunal grants suppression of the landlord’s name and identifying details, in accordance with section 95A of the Act.

Order

Upon application, the landlord’s name and identifying details are suppressed.
The tenancy of Andrea Benkova and Bertold Benko at 7 Sunnyheights Road, Orewa 0931 is terminated as of 30 July 2025.
The Bond Centre is to pay the bond of $5,120.00 (Reference: [Bond number suppressed]) to [The landlord/s], immediately upon processing the required forms (which must include a copy of this Order).
Andrea Benkova and Bertold Benko must pay [The landlord/s] $11,086.20 immediately, being rental arrears plus the Tribunal’s filing fee, less the bond as follows:

Reasons

Only the landlord attended the hearing. The landlord was assisted, as requested, by a Mandarin interpreter.
The Registrar attempted unsuccessfully to contact the tenants by telephone and sought them at the courthouse. The landlord confirmed that the tenants’ contact details used for service were correct and had recently been used in June 2025.
As the tenants were properly served with notice of the hearing, and did not request an adjournment or alternate arrangements, the Tribunal proceeded in their absence in accordance with sections 91(2)(d) and 92(1) of the Residential Tenancies Act 1986. Background facts
The tenants signed a fixed-term tenancy agreement which commenced on 19 August 2024 and was due to end on 16 August 2025. The agreed weekly rent was $1,280.00. A bond of $5,120.00 was paid, along with two weeks’ rent in advance (a total of $2,560.00).
According to the landlord’s rent summary, rent was paid consistently until 6 January 2025. From that point onward, payments became irregular, and the rent was generally one week in arrears until 28 April 2025. From 5 May 2025, no further rent payments were made. The cause of the rent arrears is unknown.
On 12 May, 29 May, and 10 June 2025, the landlord served three 14-day notices to remedy the breach, which related to unpaid rent. The breach remained unremedied on each occasion.
The landlord states that on or around 10 June 2025, it received an email from the tenants indicating that they had vacated the premises on 1 June 2025, citing excessive construction noise. The landlord responded that this was not a valid ground to unilaterally terminate a fixed-term tenancy. Although the Tribunal has not seen copies of this correspondence, the landlord’s account of what was communicated is accepted, in the tenants’ absence, as materially accurate.
The landlord took possession of the property on that day and noticed that it appeared to have been vacated. Also on 10 June 2025, the landlord applied to the Tribunal seeking termination of the tenancy, payment of rent arrears, refund of the bond, and reimbursement of the filing fee.
At the time of the hearing on 30 July 2025, the property had not yet been re- tenanted. The landlord claimed that the property required cleaning and maintenance before it could be let again. Some rubbish and personal belongings were allegedly left behind. However, no documentary evidence or photos were provided to support these claims.
The landlord also mentioned that lawn mowing costs had not been paid, but again, no invoices or supporting evidence were presented. Jurisdiction of this hearing
The Tribunal confirmed with the landlord that the only issues for determination at this hearing were those included in the landlord’s application and the notice of hearing: termination of the tenancy, rent arrears, refund of the bond, and reimbursement of the filing fee.
Any other issues, such as costs related to cleaning, rubbish removal, or lawn maintenance, must be pursued in a separate application. Such claims must include proper supporting evidence and be served on the tenants in advance, to ensure fairness and adequate opportunity to respond. Termination of tenancy
The landlord provided a rent summary showing that rent was more than seven weeks in arrears at the time the application was made. Under sections 55(1)(a) and 56(2) of the Residential Tenancies Act 1986, where rent is more than 21 days in arrears, the Tribunal must order termination of the tenancy.
Accordingly, the tenancy is terminated as of 30 July 2025. Rent arrears and release of bond
At the hearing, the landlord sought rent up to the end of the fixed term on 16 August 2025. However, this is not appropriate in the current circumstances, for the following reasons: a. The landlord took possession of the premises on 10 June 2025; b. The landlord has an obligation under section 49 of the Act to mitigate losses. As of the hearing date, seven weeks had passed since possession was taken, and the property remained untenanted. The landlord acknowledged that no advertising had taken place, stating that maintenance was being carried out. However, no evidence was presented regarding what work was being done or how long it would take. c. The tenants did not apply for a reduction of the fixed term under section 66 of the Act, which would allow the Tribunal to assess any reasonable compensation due.
The Tribunal therefore awards only the rent arrears owing up to 30 July 2025.
To offset these arrears, the Bond Centre is to release the bond of $5,120.00 to the landlord’s agent upon processing the appropriate forms that are to be lodged by the landlord (including a copy of this Order). Other claims and issues
The landlord stated that, “If the tenant ends the tenancy before the current tenancy agreement ends, we would like the tenant to pay a breaching fee of one week’s rent.” This appears to be a claim for exemplary damages under section 61(5) of the Act for abandonment of the tenancy without reasonable excuse.
However, this was not clearly sought in the landlord’s application and was not included in the notice of hearing and therefore in the scope of this hearing. The Tribunal makes no decision on that point. The landlord may file a separate application for exemplary damages and/or other post-tenancy claims, provided it is properly served and supported by evidence. Reimbursement of the filing fee
Because [The landlord/s] has substantially succeeded in its application, the Tribunal orders reimbursement of the filing fee in the amount of $27.00, pursuant to section 102(4)(b) of the Act. Suppression orders
The landlord seeks suppression orders.
As the landlord has substantially succeeded in its application, and there is no overriding public interest in publication, the Tribunal grants suppression of the landlord’s name and identifying details, in accordance with section 95A of the Act.

Tenancy Tribunal case 5283122 — Rent arrears at 7 Sunnyheights Road, Orewa, Orewa 0931

At a glance

Tenancy Tribunal case 5283122 — Rent arrears at 7 Sunnyheights Road, Orewa, Orewa 0931

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions