What was Tenancy Tribunal case 5318019 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Unit 5,

How much money was awarded in case 5318019?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $7,262.86 awarded to landlord

What type of tenancy dispute was case 5318019?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5318019?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12574403-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5318019 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Unit 5,

How much money was awarded in case 5318019?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $7,262.86 awarded to landlord

What type of tenancy dispute was case 5318019?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5318019?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12574403-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 5, 41B White Swan Road, Mount Roskill, Tenancy Tribunal Case 5318019 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5318019 — net $6,740.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 October 2025	$7,262.86	Rent arrears to 16 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,740.86
Total payable by Tenant to Landlord	$6,740.86

The tenancy of [The tenant/s] at Unit/Flat Unit 5, 41B White Swan Road, Mount Roskill, Auckland, Auckland 1041 is terminated, and possession is granted to Pr Property Management Limited As The Agent For A And Rk Sher Trust (Trustees: Ali Sher And [The landlord/s], immediately.

The landlord’s claim for abandonment is withdrawn.

The Bond Centre is to pay the bond of $550.00 (BN00022927) to Pr Property Management Limited As The Agent For A And Rk Sher Trust (Trustees: Ali Sher And [The landlord/s] immediately.

Sonya (Sanya) Maafu must pay Pr Property Management Limited As The Agent For A And Rk Sher Trust (Trustees: Ali Sher And [The landlord/s] $6,740.86 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. This took place by telephone.

The landlord was initially driving during the hearing, and the hearing could not proceed until he was in the office. He also then did not have access to emails. The start of the hearing was very briefly delayed to accommodate the driving.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears. The landlord also more recently added abandonment to his application at a later date.

When I asked the landlord about the timing and the addition of this (in the light of Wright v Morton (TT363/96, 638/94, 494/94, Dunedin, 19/09/96) where the Tribunal cautioned against landlords reframing a termination application as abandonment after the tenant vacates in response) he noted that he was willing for me to consider the application solely on the basis of termination for rent arrears as originally applied for and did not require me to consider abandonment. This is therefore withdrawn.

Should the tenancy be terminated and how much does the tenant owe?

The tenancy is a fixed term tenancy. The tenancy agreement records that the tenancy began on 24 November 2024 and was not due to end until 23 November 2025.

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986. Rent is at least 21 days in arrears at the hearing date.

The tenant also wants the tenancy to end. The tenancy is terminated.

The landlord provided rent records which prove the amount owing at the end of the tenancy. While a fully updated rent summary could not be provided (due to issues at the landlord’s office preventing his emails form working) the landlord said that the tenant has not paid rent since the last rent summary was filed and the tenant confirmed that it was right - she had not paid rent since then.

Therefore, there was sufficient information already filed for me to make the above order.

I have awarded rent arrears to today’s date being the date the tenancy has terminated.

While the tenant may have wished to move out or no longer wanted to reside at the property, this does not relieve her of the obligation to pay rent or terminate. The tenancy in question is a fixed-term tenancy, which means the tenant is bound to pay rent until the end of the agreed term unless the tenancy is lawfully terminated. Tenants cannot simply end a fixed-term tenancy by giving notice (as they can with a periodic tenancy) or by telling the landlord they don’t want to live at the premises anymore. A fixed-term tenancy may only be terminated in specific ways. For instance, by way of a mutual agreement between the landlord and tenant, by an order of the Tenancy Tribunal, for example, due to breach or hardship or by surrender or where the tenant vacates and the landlord accepts possession in writing.

In this case, the tenant vacating the premises or deciding not to pay rent does not, in itself, amount to termination by the tenant. However, the tenancy has now been terminated by the Tribunal so her obligation to pay further rent now ends. Bond

The Bond Centre has confirmed to me that they hold a bond of $550 in the name of Sanya Maafu and PR Property Management Limited for a tenancy starting on 24 November 2024. I have included this different version of the tenant’s name in the order above (this spelling of her name can also be seen on notices issued by the landlord).

I have ordered the Bond Centre to release this $550 bond to the landlord in part payment of the sum owed. Suppression and filing fee

The landlord has been successful and so I award the filing fee.

No suppression orders were sought so this is not considered.

Claims and awards in Tenancy Tribunal application 5318019 — net $6,740.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 October 2025	$7,262.86	Rent arrears to 16 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,740.86
Total payable by Tenant to Landlord	$6,740.86

Order

The tenancy of [The tenant/s] at Unit/Flat Unit 5, 41B White Swan Road, Mount Roskill, Auckland, Auckland 1041 is terminated, and possession is granted to Pr Property Management Limited As The Agent For A And Rk Sher Trust (Trustees: Ali Sher And [The landlord/s], immediately.
The landlord’s claim for abandonment is withdrawn.
The Bond Centre is to pay the bond of $550.00 (BN00022927) to Pr Property Management Limited As The Agent For A And Rk Sher Trust (Trustees: Ali Sher And [The landlord/s] immediately.
Sonya (Sanya) Maafu must pay Pr Property Management Limited As The Agent For A And Rk Sher Trust (Trustees: Ali Sher And [The landlord/s] $6,740.86 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing. This took place by telephone.
The landlord was initially driving during the hearing, and the hearing could not proceed until he was in the office. He also then did not have access to emails. The start of the hearing was very briefly delayed to accommodate the driving.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears. The landlord also more recently added abandonment to his application at a later date.
When I asked the landlord about the timing and the addition of this (in the light of Wright v Morton (TT363/96, 638/94, 494/94, Dunedin, 19/09/96) where the Tribunal cautioned against landlords reframing a termination application as abandonment after the tenant vacates in response) he noted that he was willing for me to consider the application solely on the basis of termination for rent arrears as originally applied for and did not require me to consider abandonment. This is therefore withdrawn.

Should the tenancy be terminated and how much does the tenant owe?

The tenancy is a fixed term tenancy. The tenancy agreement records that the tenancy began on 24 November 2024 and was not due to end until 23 November 2025.
Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986. Rent is at least 21 days in arrears at the hearing date.
The tenant also wants the tenancy to end. The tenancy is terminated.
The landlord provided rent records which prove the amount owing at the end of the tenancy. While a fully updated rent summary could not be provided (due to issues at the landlord’s office preventing his emails form working) the landlord said that the tenant has not paid rent since the last rent summary was filed and the tenant confirmed that it was right - she had not paid rent since then.
Therefore, there was sufficient information already filed for me to make the above order.
I have awarded rent arrears to today’s date being the date the tenancy has terminated.
While the tenant may have wished to move out or no longer wanted to reside at the property, this does not relieve her of the obligation to pay rent or terminate. The tenancy in question is a fixed-term tenancy, which means the tenant is bound to pay rent until the end of the agreed term unless the tenancy is lawfully terminated. Tenants cannot simply end a fixed-term tenancy by giving notice (as they can with a periodic tenancy) or by telling the landlord they don’t want to live at the premises anymore. A fixed-term tenancy may only be terminated in specific ways. For instance, by way of a mutual agreement between the landlord and tenant, by an order of the Tenancy Tribunal, for example, due to breach or hardship or by surrender or where the tenant vacates and the landlord accepts possession in writing.
In this case, the tenant vacating the premises or deciding not to pay rent does not, in itself, amount to termination by the tenant. However, the tenancy has now been terminated by the Tribunal so her obligation to pay further rent now ends. Bond
The Bond Centre has confirmed to me that they hold a bond of $550 in the name of Sanya Maafu and PR Property Management Limited for a tenancy starting on 24 November 2024. I have included this different version of the tenant’s name in the order above (this spelling of her name can also be seen on notices issued by the landlord).
I have ordered the Bond Centre to release this $550 bond to the landlord in part payment of the sum owed. Suppression and filing fee
The landlord has been successful and so I award the filing fee.
No suppression orders were sought so this is not considered.

Tenancy Tribunal case 5318019 — Rent arrears at Unit/Flat Unit 5, 41B White Swan Road, Mount Roskill,

At a glance

Tenancy Tribunal case 5318019 — Rent arrears at Unit/Flat Unit 5, 41B White Swan Road, Mount Roskill,

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated and how much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated and how much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions