What was Tenancy Tribunal case 5317319 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 5317319?

Application Fee: $27.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $2,040.00 awarded to landlord

What type of tenancy dispute was case 5317319?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5317319?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12251974-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5317319 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 5317319?

Application Fee: $27.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $2,040.00 awarded to landlord

What type of tenancy dispute was case 5317319?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5317319?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12251974-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5317319 — Rent arrears

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New Zealand Tenancy Tribunal Case 5317319 — 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 5317319 — net $777.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,040.00	Rent arrears
Repairs	$750.00	Repairs
Application fee	$27.00	Application fee
Net award	$777.00
Total payable by Tenant to Landlord	$777.00

Claims and awards for application 5317319 — net $777.00 NZD. Verify on MoJ.

Rent arrears

Amount: $2,040.00
Awarded to: Landlord
Reason: Rent arrears

Repairs

Amount: $750.00
Awarded to: Landlord
Reason: Repairs

Application fee

Amount: $27.00
Awarded to: Landlord
Reason: Application fee

Net award

Landlord $777.00

Total payable by Tenant to Landlord

Landlord $777.00

Claim types — money lines allowed on this order

Property damage 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 Kelly Wilson at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately.
The Bond Centre is to pay the bond of $2,040.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Kelly Wilson must pay [The landlord/s] $750.00 immediately, calculated as shown in the table below:

Reasons

Mr Liu attended the video hearing. Ms Wilson did not. I waited to allow for lateness and then attempted to contact her on the number provided. However, she did not pick up my call. I am satisfied that she has been correctly served with the notice of hearing and conducted the hearing in her absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy. This totalled $2040.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund 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 1 August 2025, the landlord visited the premises and found the front glass door pain and six windows had been smashed. No one was present in the tenancy, and later visits also found the tenancy empty. This leads me to conclude that the landlord had discovered that the tenant had abandoned the premises.
Because 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 landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant owes $2040 in arrears and $27 for the application fee.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA. In this instance the damage which is claimed for is the repair of the door and windows. The tenant has provided emails from the owner of a neighbouring flat reporting that towards the end of the tenancy there had been fighting between the tenant and visitors. It appears that the windows and door have been broken and one such incident. It appears that this damage was careless and therefore the tenant is liable for the excess of $750.
The amounts ordered are proved. The landlord said that he had not been able to enter the premises and therefore was unsure about the condition inside. It is noted that I have not considered any damage beyond the broken front door and windows. As I explained the landlord, this application is not for any damage beyond the door and windows and therefore if any further damages discovered another application will need to be made.

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 5317319 — net $777.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,040.00	Rent arrears
Repairs	$750.00	Repairs
Application fee	$27.00	Application fee
Net award	$777.00
Total payable by Tenant to Landlord	$777.00

Claims and awards for application 5317319 — net $777.00 NZD. Verify on MoJ.

Rent arrears

Amount: $2,040.00
Awarded to: Landlord
Reason: Rent arrears

Repairs

Amount: $750.00
Awarded to: Landlord
Reason: Repairs

Application fee

Amount: $27.00
Awarded to: Landlord
Reason: Application fee

Net award

Landlord $777.00

Total payable by Tenant to Landlord

Landlord $777.00

Claim types — money lines allowed on this order

Property damage 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 Kelly Wilson at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately.
The Bond Centre is to pay the bond of $2,040.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Kelly Wilson must pay [The landlord/s] $750.00 immediately, calculated as shown in the table below:

Reasons

Mr Liu attended the video hearing. Ms Wilson did not. I waited to allow for lateness and then attempted to contact her on the number provided. However, she did not pick up my call. I am satisfied that she has been correctly served with the notice of hearing and conducted the hearing in her absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy. This totalled $2040.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund 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 1 August 2025, the landlord visited the premises and found the front glass door pain and six windows had been smashed. No one was present in the tenancy, and later visits also found the tenancy empty. This leads me to conclude that the landlord had discovered that the tenant had abandoned the premises.
Because 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 landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant owes $2040 in arrears and $27 for the application fee.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA. In this instance the damage which is claimed for is the repair of the door and windows. The tenant has provided emails from the owner of a neighbouring flat reporting that towards the end of the tenancy there had been fighting between the tenant and visitors. It appears that the windows and door have been broken and one such incident. It appears that this damage was careless and therefore the tenant is liable for the excess of $750.
The amounts ordered are proved. The landlord said that he had not been able to enter the premises and therefore was unsure about the condition inside. It is noted that I have not considered any damage beyond the broken front door and windows. As I explained the landlord, this application is not for any damage beyond the door and windows and therefore if any further damages discovered another application will need to be made.

Tenancy Tribunal case 5317319 — Rent arrears

At a glance

Tenancy Tribunal case 5317319 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Is the tenant responsible for the damage to 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 does the tenant owe?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions