What was the outcome of Tenancy Tribunal case 5329364?

The tribunal order states: The tenancy of Sam Mills at Room Suite 904, 3 Northcroft Street, Takapuna,

How much money was awarded in case 5329364?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,571.43 awarded to landlord

What type of tenancy dispute was case 5329364?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5329364?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12419503-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5329364?

The tribunal order states: The tenancy of Sam Mills at Room Suite 904, 3 Northcroft Street, Takapuna,

How much money was awarded in case 5329364?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,571.43 awarded to landlord

What type of tenancy dispute was case 5329364?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5329364?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12419503-Tenancy_Tribunal_Order.pdf.

Room Suite 904, 3 Northcroft Street, Takapuna, Auckland Tenancy Tribunal Case 5329364 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5329364. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (to 16 September 2025	$3,571.43		Rent arrears (to 16 September 2025
Filing fee reimbursement	$28.00		Filing fee reimbursement

The tenancy of Sam Mills at Room Suite 904, 3 Northcroft Street, Takapuna, Auckland 0622, Sentinel Apartments is terminated, and possession is granted to Premium Executive Rentals Limited As Agent For Annie Yen, at midnight on 16 September 2025.

Sam Mills must pay Premium Executive Rentals Limited As Agent For Annie Yen the amounts set out in the table below:

The Bond Centre is to pay the bond of $3,599.43 (BN-00116618) to Premium Executive Rentals Limited As Agent For Annie Yen immediately. The Bond Centre is to pay the bond of $400.57 (BN-00116618) to Sam Mills immediately.

Reasons

The hearing proceeded by way of video conference. Ms Griffin, Property Manager, was joined to the hearing by telephone. The tenant did not appear, and unsuccessful attempts were made to join them to the hearing by telephone. The Tribunal was satisfied that the tenant was properly served with the notice of hearing and the case proceeded in their absence.

The tenancy commenced on 5 July 2025 with the fixed term due to expire on 4 January 2026.

On 20 August 2025 the landlord filed an application with the Tribunal seeking: a. Termination of the tenancy for abandonment; or b. Termination of the tenancy for breach of the tenant’s obligations. c. Rent arrears. d. Refund of the bond; and e. Reimbursement of the filing fee.

At the hearing the landlord sought to amend their claim to include an order for the payment of outstanding water rates and rubbish disposal fees. The Tribunal declined to amend the claim. The evidence in support of the claim was filed on 15 September 2025, the day prior to the hearing. The Tribunal is not satisfied that the tenant was properly notified of the landlord’s intention to seek these costs and amending the claim would be contrary to the principles of fairness and natural justice.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).

Should the tenancy be terminated in accordance with section 61 of the Act?

Section 61 of the Act states the Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears. 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 11 August 2025, the landlord became aware that the tenant had abandoned the premises after entering the property for the purpose of conducting a routine tenancy inspection. The landlord told the Tribunal they discovered the tenant’s possessions including clothing, toiletries and personal items had been removed and the keys for the property had been left on the kitchen bench.

The landlord states, at that time, the tenant’s rent was not in arrears and had been paid up to 22 August 2025.

While the Tribunal accepts the property had been abandoned, rent was not in arrears as required by section 61 of the Act. On that basis the claim for termination of the tenancy for abandonment is dismissed.

Should the tenancy be terminated in accordance with section 56 of the Act?

Section 56(1) of the Act states that the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that the other party has committed a breach of the tenancy agreement or the Act and, if the breach is capable of remedy, has failed to remedy it within a period of not less than 14 days.

Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act.

On 19 August 2025 the landlord served a 14-day breach notice for rent arrears totalling $1,000.00. The notice expired on 2 September 2025 and was not remedied.

The landlord provided up to date rent records that prove the amount owed. At the date of hearing the tenant’s arrears total $3,571.48. The rent is more than 21 days in arrears. The tenancy is terminated, and the amount claimed is awarded. Possession of the property is granted to the landlord at midnight on 16 September 2025. Costs

Because Premium Executive Rentals Limited As Agent For Annie Yen has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5329364. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (to 16 September 2025	$3,571.43		Rent arrears (to 16 September 2025
Filing fee reimbursement	$28.00		Filing fee reimbursement

Order

The tenancy of Sam Mills at Room Suite 904, 3 Northcroft Street, Takapuna, Auckland 0622, Sentinel Apartments is terminated, and possession is granted to Premium Executive Rentals Limited As Agent For Annie Yen, at midnight on 16 September 2025.
Sam Mills must pay Premium Executive Rentals Limited As Agent For Annie Yen the amounts set out in the table below:
The Bond Centre is to pay the bond of $3,599.43 (BN-00116618) to Premium Executive Rentals Limited As Agent For Annie Yen immediately. The Bond Centre is to pay the bond of $400.57 (BN-00116618) to Sam Mills immediately.

Reasons

The hearing proceeded by way of video conference. Ms Griffin, Property Manager, was joined to the hearing by telephone. The tenant did not appear, and unsuccessful attempts were made to join them to the hearing by telephone. The Tribunal was satisfied that the tenant was properly served with the notice of hearing and the case proceeded in their absence.
The tenancy commenced on 5 July 2025 with the fixed term due to expire on 4 January 2026.
On 20 August 2025 the landlord filed an application with the Tribunal seeking: a. Termination of the tenancy for abandonment; or b. Termination of the tenancy for breach of the tenant’s obligations. c. Rent arrears. d. Refund of the bond; and e. Reimbursement of the filing fee.
At the hearing the landlord sought to amend their claim to include an order for the payment of outstanding water rates and rubbish disposal fees. The Tribunal declined to amend the claim. The evidence in support of the claim was filed on 15 September 2025, the day prior to the hearing. The Tribunal is not satisfied that the tenant was properly notified of the landlord’s intention to seek these costs and amending the claim would be contrary to the principles of fairness and natural justice.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).

Should the tenancy be terminated in accordance with section 61 of the Act?

Section 61 of the Act states the Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears. 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 11 August 2025, the landlord became aware that the tenant had abandoned the premises after entering the property for the purpose of conducting a routine tenancy inspection. The landlord told the Tribunal they discovered the tenant’s possessions including clothing, toiletries and personal items had been removed and the keys for the property had been left on the kitchen bench.
The landlord states, at that time, the tenant’s rent was not in arrears and had been paid up to 22 August 2025.
While the Tribunal accepts the property had been abandoned, rent was not in arrears as required by section 61 of the Act. On that basis the claim for termination of the tenancy for abandonment is dismissed.

Should the tenancy be terminated in accordance with section 56 of the Act?

Section 56(1) of the Act states that the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that the other party has committed a breach of the tenancy agreement or the Act and, if the breach is capable of remedy, has failed to remedy it within a period of not less than 14 days.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act.
On 19 August 2025 the landlord served a 14-day breach notice for rent arrears totalling $1,000.00. The notice expired on 2 September 2025 and was not remedied.
The landlord provided up to date rent records that prove the amount owed. At the date of hearing the tenant’s arrears total $3,571.48. The rent is more than 21 days in arrears. The tenancy is terminated, and the amount claimed is awarded. Possession of the property is granted to the landlord at midnight on 16 September 2025. Costs
Because Premium Executive Rentals Limited As Agent For Annie Yen has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5329364 — Rent arrears at Room Suite 904, 3 Northcroft Street, Takapuna, Auckland

At a glance

Tenancy Tribunal case 5329364 — Rent arrears at Room Suite 904, 3 Northcroft Street, Takapuna, Auckland

At a glance

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated in accordance with section 61 of the Act?

Should the tenancy be terminated in accordance with section 56 of the Act?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Should the tenancy be terminated in accordance with section 61 of the Act?

Should the tenancy be terminated in accordance with section 56 of the Act?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions