What was Tenancy Tribunal case 5329500 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat 7, 7 Colin Street,

How much money was awarded in case 5329500?

Rent Arrears: $797.50 awarded to landlord

What type of tenancy dispute was case 5329500?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5329500?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12397039-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5329500 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat 7, 7 Colin Street,

How much money was awarded in case 5329500?

Rent Arrears: $797.50 awarded to landlord

What type of tenancy dispute was case 5329500?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5329500?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12397039-Tenancy_Tribunal_Order.pdf.

Unit/Flat 7, 7 Colin Street, Mangere, Auckland 2022 Tenancy Tribunal Case 5329500 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5329500 — net $797.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 September 2025	$797.50	Rent arrears to 1 September 2025
Net award	$797.50
Total payable by Tenant to Landlord	$797.50

The tenancy of [The tenant/s] tenant/s] at Unit/Flat 7, 7 Colin Street, Mangere, Auckland 2022 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.

[The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $797.50 immediately, calculated as show in the table below.

Reasons

The landlord attended the hearing on 11 September 2025. The tenant did not.

The landlord has applied for termination of the tenancy for abandonment and rent arrears.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should the tenancy be terminated?

The law

The Tribunal may terminate a tenancy where the premises have been abandoned and rent is in arrear at the hearing date. 1

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. Analysis

The landlord submitted photographs taken during an inspection on 21 July 2025. The premises are mostly bare, with very few personal belongings. There is minimal food in the kitchen cupboards. Noone appears to be living inside the premises.

The landlord sent the tenant a 14-day notice on 22 July 2025, requiring the tenant to contact them and return to the premises.

The landlord submitted an email sent from the Ministry of Social Development on 8 August 2025 advising the tenant had left the country.

The landlord submitted photographs taken on 11 August 2025, which show the premises in exactly the same condition as 21 July 2025.

All of this evidence convinces me on the balance of probabilities that the tenant has abandoned the premises.

The landlord submitted a rent summary, which proves the tenant is in rent arrears of $1,047.34 at the date of the hearing.

Because the tenant has abandoned the premises and the rent is in arrears, I order termination of the tenancy immediately.

How much in rent arrears does the tenant owe the landlord?

The law

In the case of a periodic tenancy, a tenant who abandons the premises must pay rent up to and including, but not after, the following date: a. The expiry of the period of 21 days after the landlord became aware or ought reasonably to have become aware that the tenant had abandoned the premises; or b. The date of commencement of a new tenancy of the premises. 1 Residential Tenancies Act 1986, section 61.

Whichever occurs first determines the date the tenant must pay rent up to. Analysis

I find that the landlord became aware or ought reasonably to have become aware that the tenant had abandoned the premises when they completed their inspection on 11 August 2025.

This was a periodic tenancy and a new tenancy has not yet begun. Therefore, the tenant is required to pay rent up to and including the date that is 21 days after 11 August 2025, which is 1 September 2025.

The landlord submitted a rent summary, which proves rent arrears are $797.50 up to and including 1 September 2025.

The landlord’s claim for rent arrears is granted for $797.50. Filing fee

The landlord made an application not to be reimbursed the filing fee. Therefore, I do not order the tenant to pay the landlord the filing fee.

Claims and awards in Tenancy Tribunal application 5329500 — net $797.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 September 2025	$797.50	Rent arrears to 1 September 2025
Net award	$797.50
Total payable by Tenant to Landlord	$797.50

Order

The tenancy of [The tenant/s] tenant/s] at Unit/Flat 7, 7 Colin Street, Mangere, Auckland 2022 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.
[The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $797.50 immediately, calculated as show in the table below.

Reasons

The landlord attended the hearing on 11 September 2025. The tenant did not.
The landlord has applied for termination of the tenancy for abandonment and rent arrears.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should the tenancy be terminated?

The law

The Tribunal may terminate a tenancy where the premises have been abandoned and rent is in arrear at the hearing date. 1
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. Analysis
The landlord submitted photographs taken during an inspection on 21 July 2025. The premises are mostly bare, with very few personal belongings. There is minimal food in the kitchen cupboards. Noone appears to be living inside the premises.
The landlord sent the tenant a 14-day notice on 22 July 2025, requiring the tenant to contact them and return to the premises.
The landlord submitted an email sent from the Ministry of Social Development on 8 August 2025 advising the tenant had left the country.
The landlord submitted photographs taken on 11 August 2025, which show the premises in exactly the same condition as 21 July 2025.
All of this evidence convinces me on the balance of probabilities that the tenant has abandoned the premises.
The landlord submitted a rent summary, which proves the tenant is in rent arrears of $1,047.34 at the date of the hearing.
Because the tenant has abandoned the premises and the rent is in arrears, I order termination of the tenancy immediately.

How much in rent arrears does the tenant owe the landlord?

The law

In the case of a periodic tenancy, a tenant who abandons the premises must pay rent up to and including, but not after, the following date: a. The expiry of the period of 21 days after the landlord became aware or ought reasonably to have become aware that the tenant had abandoned the premises; or b. The date of commencement of a new tenancy of the premises. 1 Residential Tenancies Act 1986, section 61.
Whichever occurs first determines the date the tenant must pay rent up to. Analysis
I find that the landlord became aware or ought reasonably to have become aware that the tenant had abandoned the premises when they completed their inspection on 11 August 2025.
This was a periodic tenancy and a new tenancy has not yet begun. Therefore, the tenant is required to pay rent up to and including the date that is 21 days after 11 August 2025, which is 1 September 2025.
The landlord submitted a rent summary, which proves rent arrears are $797.50 up to and including 1 September 2025.
The landlord’s claim for rent arrears is granted for $797.50. Filing fee
The landlord made an application not to be reimbursed the filing fee. Therefore, I do not order the tenant to pay the landlord the filing fee.

Tenancy Tribunal case 5329500 — Rent arrears at Unit/Flat 7, 7 Colin Street, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 5329500 — Rent arrears at Unit/Flat 7, 7 Colin Street, Mangere, Auckland 2022

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much in rent arrears does the tenant owe the landlord?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much in rent arrears does the tenant owe the landlord?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.