How much money was awarded in case 5288904?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,298.00 awarded to landlord

What type of tenancy dispute was case 5288904?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5288904?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12065969-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5288904?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,298.00 awarded to landlord

What type of tenancy dispute was case 5288904?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5288904?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12065969-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5288904 — Rent arrears

Q: What was Tenancy Tribunal case 5288904 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5288904 — net $1,757.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 15 May 2025	$2,298.00	Rent arrears (to 15 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,757.00
Total payable by Tenant to Landlord	$1,757.00

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 Elisapeta Valentina Westerlund at [Tenancy address suppressed] is terminated, and immediate possession is granted to [The landlord/s].

The Bond Centre is to pay the bond of $568.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Elisapeta Valentina Westerlund must pay [The landlord/s] $2,777.57 immediately, calculated as shown in the table below:

Reasons

The hearing proceeded by way of video conference. [Tenancy Manager], Tenancy Manager, appeared for the landlord. The tenant did not appear by video link and unsuccessful attempts were made to join her to the hearing by telephone. On each occasion the tenant was rung, the telephone was answered, nobody spoke, and all that could be heard was traffic noise. 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 19 August 2022 and was periodic.

On 17 June 2025 the landlord filed an application with the Tribunal seeking termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.

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 or the provisions of the Act. Rent arrears

Under section 55(1) of the Residential Tenancies Act 1986 (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.

The landlord provided up to date rent records which prove the amount owed. At the date of filing the tenant owed $3014.57 in rent arrears. The rent was at least 21 days in rent arrears. The tenancy is terminated.

At the date of hearing the tenant’s rent arrears totalled $3318.57. The landlord seeks an order for the full sum.

The landlord acknowledges having minimal contact with the tenant since the last rent payment on 14 January 2025 (resulting in the tenant being $134.00 in rent credit). The landlord said the tenant had not been seen in person since sometime in January 2025, when they indicated they were going to Australia. The landlord said the tenant had been in e-mail communication with their tenancy support worker up until March 2025, when that stopped.

The landlord said they were aware of whanau house sitting the tenant’s property, and understood they were to remain there until the tenant returned.

The landlord said they visited the property on 16 April 2025. They said the property was empty of furniture with nobody living in it. They noted that the garage contained items which appeared to be packed and waiting for collection.

The landlord said that they visited the property yesterday (30 June 2025) but did not go inside. They reported the property remains vacant and empty with overgrown lawns and rubbish dumped in the back garden.

The landlord said they believed the tenant intended on returning to the property which was why an earlier application was not filed with the Tribunal.

Under section 49 of the Act, any party to a tenancy agreement has a duty to mitigate their loss, for any breaches of the agreement or Act by the other party.

It is clear to the Tribunal that there has been no contact between the parties since March 2025. Rent has not been paid since 14 January 2025. No further visits to the property have occurred after 16 April 2025 (except for the visit on 30 June 2025, immediately prior to this hearing) when the property was discovered vacant and empty, this is despite significant rent arrears accruing.

Considering this, the Tribunal finds the landlord has a duty to mitigate their loss. Rent arrears will be awarded to 15 May 2025 – 28 days after the landlord discovered the property vacant and empty. Rent arrears in the sum of $2298.00 is ordered. Costs

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression

Under section 95A of the Act a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so. In this case the landlord has been substantially successful and is granted name suppression.

Claims and awards in Tenancy Tribunal application 5288904 — net $1,757.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 15 May 2025	$2,298.00	Rent arrears (to 15 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,757.00
Total payable by Tenant to Landlord	$1,757.00

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 Elisapeta Valentina Westerlund at [Tenancy address suppressed] is terminated, and immediate possession is granted to [The landlord/s].
The Bond Centre is to pay the bond of $568.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Elisapeta Valentina Westerlund must pay [The landlord/s] $2,777.57 immediately, calculated as shown in the table below:

Reasons

The hearing proceeded by way of video conference. [Tenancy Manager], Tenancy Manager, appeared for the landlord. The tenant did not appear by video link and unsuccessful attempts were made to join her to the hearing by telephone. On each occasion the tenant was rung, the telephone was answered, nobody spoke, and all that could be heard was traffic noise. 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 19 August 2022 and was periodic.
On 17 June 2025 the landlord filed an application with the Tribunal seeking termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.
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 or the provisions of the Act. Rent arrears
Under section 55(1) of the Residential Tenancies Act 1986 (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.
The landlord provided up to date rent records which prove the amount owed. At the date of filing the tenant owed $3014.57 in rent arrears. The rent was at least 21 days in rent arrears. The tenancy is terminated.
At the date of hearing the tenant’s rent arrears totalled $3318.57. The landlord seeks an order for the full sum.
The landlord acknowledges having minimal contact with the tenant since the last rent payment on 14 January 2025 (resulting in the tenant being $134.00 in rent credit). The landlord said the tenant had not been seen in person since sometime in January 2025, when they indicated they were going to Australia. The landlord said the tenant had been in e-mail communication with their tenancy support worker up until March 2025, when that stopped.
The landlord said they were aware of whanau house sitting the tenant’s property, and understood they were to remain there until the tenant returned.
The landlord said they visited the property on 16 April 2025. They said the property was empty of furniture with nobody living in it. They noted that the garage contained items which appeared to be packed and waiting for collection.
The landlord said that they visited the property yesterday (30 June 2025) but did not go inside. They reported the property remains vacant and empty with overgrown lawns and rubbish dumped in the back garden.
The landlord said they believed the tenant intended on returning to the property which was why an earlier application was not filed with the Tribunal.
Under section 49 of the Act, any party to a tenancy agreement has a duty to mitigate their loss, for any breaches of the agreement or Act by the other party.
It is clear to the Tribunal that there has been no contact between the parties since March 2025. Rent has not been paid since 14 January 2025. No further visits to the property have occurred after 16 April 2025 (except for the visit on 30 June 2025, immediately prior to this hearing) when the property was discovered vacant and empty, this is despite significant rent arrears accruing.
Considering this, the Tribunal finds the landlord has a duty to mitigate their loss. Rent arrears will be awarded to 15 May 2025 – 28 days after the landlord discovered the property vacant and empty. Rent arrears in the sum of $2298.00 is ordered. Costs
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
Under section 95A of the Act a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so. In this case the landlord has been substantially successful and is granted name suppression.

Tenancy Tribunal case 5288904 — Rent arrears

At a glance

Tenancy Tribunal case 5288904 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions