What was Tenancy Tribunal case 5324213 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 5324213?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $9,060.00 awarded to landlord

What type of tenancy dispute was case 5324213?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5324213?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12481408-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5324213 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 5324213?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $9,060.00 awarded to landlord

What type of tenancy dispute was case 5324213?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5324213?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12481408-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5324213 — Rent arrears

Claims and awards in Tenancy Tribunal application 5324213 — net $6,088.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5.10.2025	$9,060.00	Rent arrears to 5.10.2025
Filing fee	$28.00	Filing fee
Net award	$6,088.00
Total payable by Tenant to Landlord	$6,088.00

Claims and awards in Tenancy Tribunal application 5324213 — net $6,088.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5.10.2025	$9,060.00	Rent arrears to 5.10.2025
Filing fee	$28.00	Filing fee
Net award	$6,088.00
Total payable by Tenant to Landlord	$6,088.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ name and identifying details and the tenancy address.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Sunday 5 October 2025.
[The tenant/s] must pay [The landlord/s] $6,088.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

[The landlord/s] and [The tenant/s] and [The tenant/s’ support person/s], all attended the teleconference hearing.
The landlord has applied for termination of the tenancy, rent arrears, compensation, refund of the bond and reimbursement of the filing fee.
The tenant has cross-applied for compensation, quiet enjoyment, attempt to terminate without grounds, refund of the bond and exemplary damages. During the hearing, the tenant withdrew their compensation claim.
This is a fixed-term tenancy, which has been renewed, with the latest term due to end on 21 February 2026. Landlord’s Claims

Should the tenancy be terminated?

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 (“RTA”).

How much rent is owing?

The landlord provided rent records which prove the amount owing to 5 October 2025, which is the end of the tenancy, which is $9.060.00. The tenant accepted this is likely the correct amount of rent arrears she owes the landlord. Compensation claims - landlord
The landlord claimed the following compensation from the tenants: a. 4 weeks rent @ $880.00/week = $3,520.00 to find new tenants. b. Interest on rent arrears owing in the amount of $113.25. c. Cleaning, damages - $800.00. d. Advertising fee to relet property - $275.00. e. Time off work for the landlord to attend the hearing and possibly to accompany any bailiff if the tenants did not leave voluntarily- $600.00.
Section 44A of the RTA provides that a landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination.
Section 44 RTA provides that the tenant can part with the premises with the landlord’s written consent, which was not the case here, given the evidence, as there was no such request by the tenant or consent on the part of the tenant to part with the premises, nor was there written consent of the landlord in this regard, as none was provided as evidence.
As such, the landlord did not consent to an assignment under section 43B, or to a subletting or parting with possession under section 44, nor was there a termination of the tenancy in accordance with section 50(1)d) RTA, as the tenants emphatically denied agreeing to surrender the lease and have not yet delivered up vacant possession.
So, I find, on the evidence, the landlord is not able to claim for expenses pursuant to section 44A RTA. 4 weeks rent claim
The tenants remain living in the property, as at the date of hearing on 29 September 2025. As the tenants have not yet left the property, the landlord cannot pinpoint exactly whether it will take any period of time before new tenants are found. In other words, this claim is anticipatory and not based on what has yet occurred. The landlord did not provide any additional supporting evidence of the need for this cost, only that he said it took him about 4 weeks to find these tenants before their tenancy began so he thought it would take a similar time to find new tenants. Due to insufficient evidence from the landlord on this, I dismiss this claim. Interest on rent arrears
The landlord has claimed interest of $113.25 on the rent arrears owing. The landlord did not provide any additional supporting evidence at all about any interest accruing or to prove the amount claimed. As such, I dismiss this claim. Taking time off work
The landlord also claimed $600.00 to take time off work for the hearing and to possibly accompany a bailiff if the tenants did not leave voluntarily. One of the tenants said he also had to take time off work for the hearing but was not claiming for it. Time off work and the costs involved in doing so, for hearings and for tenancy related matters such as accompanying a bailiff (the need for which has not yet been proven as the tenants have not even left the property yet and may leave voluntarily), are considered ‘costs’.
Section 102(1) of the Residential Tenancy Act 1986 (“RTA”) provides that, except in a case to which any of subsections (2), (4), or (5) apply, the Tribunal shall have no power to award costs to or against any party to proceedings before it. None of the exceptions outlined in section 102(1) RTA apply here. As such, the Tribunal has no power to award the landlord’s claim for taking time off work for the hearing and any possible bailiff. As such, this claim is dismissed. Cleaning and damages
The landlord claimed $800.00 for cleaning and repairing damages at the property, but acknowledged he has not yet completed a final inspection of the property, as the tenants still are living in the property. The landlord did not provide any proof of this claim and said he had chosen a random figure to represent what he assumed would be his costs. The landlord did not provide any inspection reports, photographs of the condition of the property or any quotes or invoices for work that needed to be done at the property. As such, due to insufficient evidence, I dismiss this claim. Advertising fee
The landlord claimed $279.00 for the cost of advertising the property for rent [online]. He said he had already paid this invoice and provided a copy of the invoice. However, the landlord is not entitled to claim any expenses pursuant to section 44A RTA, as outlined above. Further, the advert listing the property, a copy of which was provided by the tenant, indicated the property was available on 8 September 2025, when the tenants were still at the property. The landlord said he just had to put a date on the advert and the context of this is explained below, in the tenant’s claim that the landlord attempted to terminate the tenancy without grounds. The landlord was premature in listing the property, as he did not have a date that the tenants were going to vacate the property, as acknowledged by him, and the Tribunal had not made any order terminating the tenancy when this fee was incurred by the landlord. As the landlord cannot claim this advertising fee pursuant to section 44A of the RTA, as outlined above, and has not provided another reason why the tenant should be liable for the cost of advertising the property to be relet, as it was advertised before the Tribunal determined the landlord’s termination claim, I dismiss the claim. Tenant’s claims Breach of Quiet Enjoyment
[The tenant/s] claims the landlord has harassed them.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
The tenant said the landlord did not notify them of his visit to meet with them on 17 August 2025 until the same day, and then showed up around 8:30-9pm, when their children were in bed. The tenant said the landlord has shown up multiple times without sufficient notice.
The landlord said he gave the tenant sufficient notice of his visit to meet with them on 17 August 2025. The tenant disputed this, saying she had a text to the contrary, but then said she could not locate this text. The tenant did not provide any other additional supporting evidence of the lack of notice by the landlord for the visit on 17 August 2025, or on any other occasions this was alleged to have occurred. As such, due to insufficient evidence, I dismiss this claim. Termination of the tenancy without grounds
The tenant claims that the landlord has breached their obligations under section 60AA RTA.
Under Section 60AA RTA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.
The tenant said the landlord had a meeting with them on 17 August 2025 and gave them verbal notice to leave the property within 14 days. They said he told them to let them know when they were out of the property and he would pick up the keys.
One of the tenants confirmed that the words she used at the end of the meeting on 17 August 2025 were to the effect that she understood what was discussed and they would try to do what was possible to vacate in 14 days. She clarified that she did not understand or know the law at the time. The tenant also acknowledged that, after she had legal advice, the tenants still did not contact the landlord or email or text him to confirm they would not be leaving in 14 days from the meeting date, however. The tenants were clear that neither of them gave up or surrendered the tenancy at all voluntarily, nor had they given any notice to terminate to the landlord.
The landlord agreed there was a meeting between he and the two tenants on 17 August 2025 and said he believed the tenants were agreeable to move out, given they could not pay the rent. The landlord pointed to an email from the tenants discussing rent arrears that said they would fully understand if the landlord wanted them to leave. This, however, is to be distinguished from any actual notice to terminate the tenancy that tenants might provide a landlord generally, with a final day and so on.
The landlord denied that he told the tenants they had to move out within 14 days and said he did not have a final date that they would vacate the property and had been waiting to hear back from them about this.
The tenants said that, after the meeting on 17 August 2025, when they got legal advice, they asked the landlord for a written notice to terminate the tenancy. The landlord said he received this request but did not see any point in doing so because he thought they had agreed to move out anyway. He acknowledged he may not have responded to the tenants in this regard.
The tenants and landlord dispute whether the landlord verbally gave the tenants 14 days’ notice on 17 August 2025. The tenants have not provided any additional supporting evidence, such as emails or texts between them and the landlord, for example, confirming their understanding of what was discussed at the meeting on 17 August 2025, nor did the tenants go back to the landlord after they obtained legal advice, to indicate they would not leave the property within a 14-day timeframe of the meeting on 17 August 2025. The parties appear to have had different understandings of the discussion during this meeting on 17 August 2025. Given the lack of additional supporting evidence, I find there is insufficient evidence provided by the tenants and dismiss this claim. Exemplary damages
The tenants claimed exemplary damages for their stress in dealing with the situation. As the claims which would have attracted any potential exemplary damages, such as quiet enjoyment and attempt to terminate the tenancy without grounds, have both been dismissed, the tenants’ claim for exemplary damages is also dismissed. Refund of the bond
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Tenancy Tribunal case 5324213 — Rent arrears

At a glance

Tenancy Tribunal case 5324213 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

How much rent is owing?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated?

How much rent is owing?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions