Published tribunal order
Tenancy Tribunal case 5331185 — Rent arrears at 7 Tetbury Place, Henderson, Auckland 0612
Decided 12 Nov 2025 · Published 12 Nov 2025 · Application 5331185
- Rent arrears
Order
- The tenancy of [The tenant/s] at 7 Tetbury Place, Henderson, Auckland 0612 is terminated, and possession is granted to Truworth Limited, at 5:00pm on Wednesday 12 November 2025.
- [The tenant/s] must pay Truworth Limited $148.00 immediately, calculated as shown in the table below:
- Truworth Limited shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
- Truworth Limited must pay the proceeds of any sale, less the amount owing to the landlord, to the Bond Centre together with a copy of this Order.
Reasons
- The landlord attended the hearing. The tenant did not.
- I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears and reimbursement of the filing fee.
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.
- On 27 August 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. There has been no sign the tenant has been living at the premise from 27 August 2025. The tenant has left her belongings at the premise but has made no contact with the landlord and it has been unable to make contact with her.
- Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
- The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered does not include rent in lieu of notice. Disposal of goods
- The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
- The landlord has been unable to contact the tenant.
- It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Reimbursement of the filing fee
- Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
- Because Truworth Limited has wholly succeeded with the claim I must reimburse the filing fee.