What was Tenancy Tribunal case 5288919 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 5288919?

Property Damage: $1,500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,728.57 awarded to landlord

What type of tenancy dispute was case 5288919?

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

Where can I read the official tribunal order for case 5288919?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12168930-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5288919 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 5288919?

Property Damage: $1,500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,728.57 awarded to landlord

What type of tenancy dispute was case 5288919?

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

Where can I read the official tribunal order for case 5288919?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12168930-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5288919 — Rent arrears

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New Zealand Tenancy Tribunal Case 5288919 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5288919 — net $2,155.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2025	$1,728.57	Rent arrears to 25 July 2025
Exemplary damages- failure to quit (s40(3A)(a) of the RTA	$1,500.00	failure to quit (s40(3A)(a) of the RTA
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,155.57
Total payable by Tenant to Landlord	$2,155.57

Claims and awards for application 5288919 — net $2,155.57 NZD. Verify on MoJ.

Rent arrears to 25 July 2025

Amount: $1,728.57
Awarded to: Landlord
Reason: Rent arrears to 25 July 2025

Exemplary damages- failure to quit (s40(3A)(a) of the RTA

Amount: $1,500.00
Awarded to: Landlord
Reason: failure to quit (s40(3A)(a) of the RTA

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,155.57

Total payable by Tenant to Landlord

Landlord $2,155.57

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Rent arrears

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 Hollie Wick at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord], at 5:00pm on Friday 25 July 2025.
Hollie Wick must pay [The landlord] $2,155.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,100.00 ([Bond number suppressed]) to [The landlord] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, compensation, exemplary damages, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The tenant has breached their obligations by failing to pay rent in full and on time and failing, without reasonable excuse, to quit premises upon termination on 19 May 2025.
One of the tenant’s breaches is not capable of remedy because the date for which the tenant was lawfully required to vacate the premise and give vacant possession to the landlord has passed by 67 days. The other breach is capable of remedy, but has not been remedied, being that the rent is still in significant arrears.
The tenant emailed the landlord late yesterday stating she has moved out. The property manager went by the premise yesterday and there was no sign that the tenant had moved out. Furniture was visible from outside the premise as was an occupant in the premise. The landlord states the tenant has emailed it before informing it that she had moved out when she had not.
It would be inequitable to refuse to terminate the tenancy as the landlord issued a lawful 90-day termination notice on 18 February 2025 giving the tenant reasonable time to find alternative accommodation and she has failed to quit the premise by 19 May 2025 in breach of that lawful termination notice.
The tenancy is terminated from 5:00pm on Friday 25 July 2025.

How much is owed for rent?

The tenancy ended on 25 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant fail to quit the premises?

[The landlord/s] claims the tenant did not vacate the premises on 19 May 2025, the date the tenancy ended.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenant has failed to quit the premise by the vacate date in the lawful 90-day termination letter provided to her on 18 February 2025. I find she has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I am satisfied the tenant was well aware that she was required to move out on 19 May 2025 and deliberately chose not to do so and that it would be just to require the landlord to pay a sum of $1,500.00 in exemplary damages (the maximum penalty available) because: a. The tenant knew the landlord required possession of the premise and intentionally failed to vacate the premise without reasonable excuse or having successfully negotiated a later exit date with the landlord; b. The landlord suffered the stress of having to apply to the Tribunal to obtain possession of the property, after the tenant has previously said she had moved out when she had not. In addition, the tenant has not paid rent for some time and is in rent arrears of $1,728.57 as of today; c. It is in the interests of the landlord to receive exemplary damages for the inconvenience and stress caused by the tenant’s actions; and d. it is in the public interest for tenant’s to be penalised as a disincentive to breaching their obligations to move out of a premise after the tenancy has been ended in a lawful manner. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because the landlord has wholly succeeded with their claim, I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5288919 — net $2,155.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2025	$1,728.57	Rent arrears to 25 July 2025
Exemplary damages- failure to quit (s40(3A)(a) of the RTA	$1,500.00	failure to quit (s40(3A)(a) of the RTA
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,155.57
Total payable by Tenant to Landlord	$2,155.57

Claims and awards for application 5288919 — net $2,155.57 NZD. Verify on MoJ.

Rent arrears to 25 July 2025

Amount: $1,728.57
Awarded to: Landlord
Reason: Rent arrears to 25 July 2025

Exemplary damages- failure to quit (s40(3A)(a) of the RTA

Amount: $1,500.00
Awarded to: Landlord
Reason: failure to quit (s40(3A)(a) of the RTA

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,155.57

Total payable by Tenant to Landlord

Landlord $2,155.57

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Rent arrears

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 Hollie Wick at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord], at 5:00pm on Friday 25 July 2025.
Hollie Wick must pay [The landlord] $2,155.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,100.00 ([Bond number suppressed]) to [The landlord] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, compensation, exemplary damages, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The tenant has breached their obligations by failing to pay rent in full and on time and failing, without reasonable excuse, to quit premises upon termination on 19 May 2025.
One of the tenant’s breaches is not capable of remedy because the date for which the tenant was lawfully required to vacate the premise and give vacant possession to the landlord has passed by 67 days. The other breach is capable of remedy, but has not been remedied, being that the rent is still in significant arrears.
The tenant emailed the landlord late yesterday stating she has moved out. The property manager went by the premise yesterday and there was no sign that the tenant had moved out. Furniture was visible from outside the premise as was an occupant in the premise. The landlord states the tenant has emailed it before informing it that she had moved out when she had not.
It would be inequitable to refuse to terminate the tenancy as the landlord issued a lawful 90-day termination notice on 18 February 2025 giving the tenant reasonable time to find alternative accommodation and she has failed to quit the premise by 19 May 2025 in breach of that lawful termination notice.
The tenancy is terminated from 5:00pm on Friday 25 July 2025.

How much is owed for rent?

The tenancy ended on 25 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant fail to quit the premises?

[The landlord/s] claims the tenant did not vacate the premises on 19 May 2025, the date the tenancy ended.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenant has failed to quit the premise by the vacate date in the lawful 90-day termination letter provided to her on 18 February 2025. I find she has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
I am satisfied the tenant was well aware that she was required to move out on 19 May 2025 and deliberately chose not to do so and that it would be just to require the landlord to pay a sum of $1,500.00 in exemplary damages (the maximum penalty available) because: a. The tenant knew the landlord required possession of the premise and intentionally failed to vacate the premise without reasonable excuse or having successfully negotiated a later exit date with the landlord; b. The landlord suffered the stress of having to apply to the Tribunal to obtain possession of the property, after the tenant has previously said she had moved out when she had not. In addition, the tenant has not paid rent for some time and is in rent arrears of $1,728.57 as of today; c. It is in the interests of the landlord to receive exemplary damages for the inconvenience and stress caused by the tenant’s actions; and d. it is in the public interest for tenant’s to be penalised as a disincentive to breaching their obligations to move out of a premise after the tenancy has been ended in a lawful manner. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because the landlord has wholly succeeded with their claim, I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 5288919 — Rent arrears

At a glance

Tenancy Tribunal case 5288919 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent?

Did the tenant fail to quit the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent?

Did the tenant fail to quit the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions