Tenantcheck Insights · Case study
Tenancy Tribunal case 5335161 — Rent arrears
Decided 6 Oct 2025 · Published 6 Oct 2025 · Application 5335161
- Rent arrears
At a glance
Key facts from the published tribunal order.
Location
New Zealand
Tribunal region
Adjudicator
A Macpherson
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- Suppression of the Tenant and Landlord names and identifying details.
- The application is dismissed.
Reasons
- The landlord attended the hearing. The tenant did not attend.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears 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.
- In December 2024, the landlord says a neighbour advised them that the tenant had a serious fall, she was admitted to hospital, and she would not be returning.
- The landlord carried out inspections on 23 March 2025 and 30 June 2025 and found the premises in a state of disarray (photographs provided). The landlord says they have visited since, with the last visit on 24 August 2025, and there has been no change and no-one is living at the premises. The landlord says the tenant does not have a phone nor any email address and they have tried to contact her by calling the hospitals and various trusts but to no avail.
- Firstly, I acknowledge that rent is now in arrears. I also acknowledge the difficult position the landlord finds themselves. However, I am not satisfied there is sufficient evidence to prove that the tenant has no intention of returning to the premises. On 3 February 2025, the tenant’s social worker stated, “Apparently, it is up in the air if she [the tenant] is going to be returning home or not.”
- At the hearing and at my instruction, the landlord made contact with the tenant’s new social worker. However, the latter refused to provide any information to the landlord or the Tribunal on privacy grounds.
- In these circumstances, I am unable to conclude with any certainty that the premises have been abandoned. As discussed, it is open to the landlord to make another application for termination on the grounds of rent arrears and other breaches.
- The application for termination of the tenancy for abandonment is declined.
- It is appropriate to order name suppression for both parties.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s61
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5335161 about?
The tribunal order states: Suppression of the Tenant and Landlord names and identifying details.
How much money was awarded in case 5335161?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5335161?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5335161?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12512589-Tribunal_Order_Redacted.pdf.
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