What was Tenancy Tribunal case 5307811 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat Flat 1, 52 Tees Street, South

How much money was awarded in case 5307811?

Property Damage: $850.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,752.86 awarded to landlord

What type of tenancy dispute was case 5307811?

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

Where can I read the official tribunal order for case 5307811?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12429509-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5307811 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat Flat 1, 52 Tees Street, South

How much money was awarded in case 5307811?

Property Damage: $850.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,752.86 awarded to landlord

What type of tenancy dispute was case 5307811?

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

Where can I read the official tribunal order for case 5307811?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12429509-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 52 Tees Street, South Hill, Oamaru 9400 Tenancy Tribunal Case 5307811 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5307811 — net $3,150.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 3 September 2025	$3,752.86	Rent arrears as at 3 September 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Exemplary damages for abandonment	$850.00	Exemplary damages for abandonment
Net award	$3,150.86
Total payable by Tenant to Landlord	$3,150.86

The tenancy of [The tenant/s] tenant/s] at Unit/Flat Flat 1, 52 Tees Street, South Hill, Oamaru 9400 is terminated, and possession is immediately granted to Jinjer Properties Limited..

The Bond Centre is to pay the bond of $1,480.00 (BN-00111634) to Jinjer Properties Limited immediately.

[The tenant/s] tenant/s] must pay Jinjer Properties Limited $3,150.86 immediately, calculated as shown in the table below:

Reasons

This application was scheduled to be heard by telephone. I twice rang the number provided for the tenant but both of my calls did not go through. The hearing proceeded in the tenant’s absence.

The landlord has applied for termination of the tenancy for abandonment, rent arrears, exemplary damages for abandonment, reimbursement of the filing fee and payment of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. 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.

On 13 August 2025 the landlord became aware that the tenant had abandoned the premises. In July, text messages had been exchanged with the tenant who assured him that she wished to continue renting the premises in spite of not having paid rent. She advised him that she was experiencing personal/health problems. However, on 13 August 2025 the landlord conducted an inspection and found that the tenant’s belongings and dishes were in the same position they had been in the last time the landlord had visited. He contacted the tenant but received no reply.

Given that the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice – ie 3 weeks from the date the tenancy was found abandoned.

In terms of an award of exemplary damages, a tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.

The tenant has obviously committed an unlawful act by abandoning the premises when the rent is in arrears.

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.

The tenant intentionally abandoned the premises. There is nothing to indicate what her intention was in doing so, but it is clear that she has not paid rent, apart from one week at the beginning of her tenancy. The effect on the landlord is that the landlord has missed out on rent owing to them and now has to deal with premises that remain full of the tenant’s belongings.

Further to this, there is strong public interest in tenants’ abiding by their obligations.

Taking these factors into account I am ordering the tenant to pay the landlord $850.00 in exemplary damages.

I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful with their claim against her. C ter Haar 18 September 2025

Claims and awards in Tenancy Tribunal application 5307811 — net $3,150.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 3 September 2025	$3,752.86	Rent arrears as at 3 September 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Exemplary damages for abandonment	$850.00	Exemplary damages for abandonment
Net award	$3,150.86
Total payable by Tenant to Landlord	$3,150.86

Order

The tenancy of [The tenant/s] tenant/s] at Unit/Flat Flat 1, 52 Tees Street, South Hill, Oamaru 9400 is terminated, and possession is immediately granted to Jinjer Properties Limited..
The Bond Centre is to pay the bond of $1,480.00 (BN-00111634) to Jinjer Properties Limited immediately.
[The tenant/s] tenant/s] must pay Jinjer Properties Limited $3,150.86 immediately, calculated as shown in the table below:

Reasons

This application was scheduled to be heard by telephone. I twice rang the number provided for the tenant but both of my calls did not go through. The hearing proceeded in the tenant’s absence.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, exemplary damages for abandonment, reimbursement of the filing fee and payment of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. 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.
On 13 August 2025 the landlord became aware that the tenant had abandoned the premises. In July, text messages had been exchanged with the tenant who assured him that she wished to continue renting the premises in spite of not having paid rent. She advised him that she was experiencing personal/health problems. However, on 13 August 2025 the landlord conducted an inspection and found that the tenant’s belongings and dishes were in the same position they had been in the last time the landlord had visited. He contacted the tenant but received no reply.
Given that the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice – ie 3 weeks from the date the tenancy was found abandoned.
In terms of an award of exemplary damages, a tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
The tenant has obviously committed an unlawful act by abandoning the premises when the rent is in arrears.
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.
The tenant intentionally abandoned the premises. There is nothing to indicate what her intention was in doing so, but it is clear that she has not paid rent, apart from one week at the beginning of her tenancy. The effect on the landlord is that the landlord has missed out on rent owing to them and now has to deal with premises that remain full of the tenant’s belongings.
Further to this, there is strong public interest in tenants’ abiding by their obligations.
Taking these factors into account I am ordering the tenant to pay the landlord $850.00 in exemplary damages.
I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful with their claim against her. C ter Haar 18 September 2025

Tenancy Tribunal case 5307811 — Rent arrears at Unit/Flat Flat 1, 52 Tees Street, South Hill, Oamaru 9400

At a glance

Tenancy Tribunal case 5307811 — Rent arrears at Unit/Flat Flat 1, 52 Tees Street, South Hill, Oamaru 9400

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.