Published tribunal order
Tenancy Tribunal case 5325182 — Rent arrears
Decided 3 Sept 2025 · Published 3 Sept 2025 · Application 5325182
- Rent arrears
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- Nikita Hohepa must pay [the landlords] $127.16 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,320.00 () to [the landlord] immediately.
- The application for compensation for damage to the property is dismissed. Rent arrears to 10 September 2025 $2,402.86 Water rates $16.30 Filing fee reimbursement $28.00 Total award $2,447.16 Bond $2,320.00 Total payable by Tenant to Landlord $127.16
Reasons
- The landlord attended the hearing which was conducted via video. The tenant did not attend. Two attempts to reach her by phone were not successful.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears, water rates, compensation for damage 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.
- The tenancy began on 24 July 2025. The first week’s rent and bond were paid. The next week’s rent was not paid and the landlord attempted to communicate with the tenant. They became aware that she had not moved in. She missed two weeks rent but then moved some belongings in and paid two weeks’ rent.
- The landlord was happy to release the tenant from a fixed term tenancy, but could not get any confirmation from the tenant that that was what she wanted. After discussions with the tenant’s social worker, the tenant’s belongings were removed on 14 August 2025. Therefore I find that on 14 August the landlord became aware 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 for rent and water records?
- The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,574.29.
- Where a tenancy is abandoned, the landlord is entitled to rent in lieu of notice. At the hearing, I incorrectly referred to the law relating to periodic tenancies prior to amendments made to the Act in January this year.
- Because this is a fixed-term tenancy, the entitlement differs. Section 61(3) provides that in the case of a fixed-term tenancy, the tenant is liable for the rent up to the date of the expiry of the term or the date of a new tenancy, whichever is the earlier.
- At the time of the hearing, it was only two weeks since the premises were deemed to be abandoned. The landlords are endeavouring to find new tenants.
- I have decided to order rent until 10 September, being 28 days from the date of the abandonment 1 and 9 days from the date of the hearing.
- If the landlord wishes to apply for further rent under section 61, they may do so without lodging a further application and filing fee. This file will be “closed unless”. That means that if the landlord provides further evidence of loss under section 1 If it were a periodic tenancy, the tenant would be liable for only 21 days. 61, the file will be reopened and referred back to me. They should refer to the case number and email remote.tenancy@justice.govt.nz and email it to the tenant.
- The landlord provided and water rates invoices which prove the amount owing at the end of the tenancy is $16.30.
Is the tenant responsible for damage to the premises?
- The landlord seeks reimbursement of the insurance excess they paid to have some damage repaired.
- 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.
- The damage occurred when the tenant’s former partner visited, took the keys and then set himself up in the property for a few days. The police had broken into the property to gain access.
- Although the damage may occurred because the tenant was known to him, the landlord has not established that the perpetrator was at the premises with her permission. I have therefore decided that the landlord has not proved that the tenant is responsible for this damage and have not ordered her to pay the $650. The landlords said that the tenant has previously agreed to pay this. She may still do so, but without her presence at the hearing confirming that she is willing to pay this amount, I have not included this in the order.
- The landlord has been largely successful in their application and so the filing fee of $28.00 is reimbursed.