What was Tenancy Tribunal case 5340164 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5340164?

Rent Arrears: $6,105.71 awarded to landlord

What type of tenancy dispute was case 5340164?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5340164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12583329-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5340164 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5340164?

Rent Arrears: $6,105.71 awarded to landlord

What type of tenancy dispute was case 5340164?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5340164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12583329-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5340164 — Rent arrears

Claims and awards in Tenancy Tribunal application 5340164 — net $4,225.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 29 July 2025	$6,105.71	Rent arrears as of 29 July 2025
Net award	$4,225.71
Total payable by Tenant to Landlord	$4,225.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties names and identifying details.
The Bond Centre is to pay the bond of $1,880.00 ([Bond number suppressed]) to [The landlord/s] immediately to pay the rent arrears as calculated in the table below
This matter is determined as indicated by the orders above, but the landlord is granted a period of two months within which, if a personal representative is identified, and service details are able to be provided to the Tribunal they can request that the application be brought back before the Tribunal with this information and the matter will be re-opened and rescheduled for a one hour remote hearing.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears and payment of the bond.

SERVICE ON TENANT

The landlord says the tenant has died.
Section 50A of the Residential Tenancies Act 1986 (RTA) sets out what should happen if a sole tenant dies during the tenancy. It states: 50ATermination following death of sole tenant (1)On the death of a sole tenant under a tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the tenancy agreement terminates on the earliest of the following dates: (a)the date that is the 21st day after the date on which the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant: (b)the date that is the 21st day after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement: (c)the date that is agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin: (d)the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under subsection (2). (2)If a landlord is unable to give notice to vacate under subsection (1)(b), the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy.
At the commencement of the hearing the landlord explained how they came to be aware of the tenant’s passing. I am satisfied the tenant has died because the tenant’s family member gave notice of the tenant’s passing by text message from the tenant’s phone on 29 June 2025 and surrendered the premises to the landlord on 29 July 2025. Effectively, it appears the tenant’s next of kin made arrangements with the landlord to terminate the tenancy. The landlord said Births Death’s and Marriages have declined to provide them with a death certificate as they do not know the tenant’s date of passing. The landlord provided email correspondence from the tenant’s relative which confirms the tenant’s passing but indicated the relative is not willing to otherwise deal with this matter. The landlord does not believe the tenant had any children or a will.
The definition of a ‘tenant’ includes the “personal representative of a deceased tenant”. 1 Therefore the ‘personal representative’ can be the respondent for the purpose of an application to the Tribunal against a deceased tenant. A personal representative “means an executor (original or by representation) who has obtained probate or an administrator of the deceased person’s estate appointed by the court. 2
If a tenant dies owing rent and there is no personal representative, then technically there is no-one that the landlord can bring an application against, as the tenant must be served with the application.
However, The Tribunal takes the approach that in appropriate circumstances it can make an order terminating the tenancy and orders as to payment of the bond.
A personal representative has not been able to be identified and served with the proceedings.

PAYMENT OF BOND

In the circumstances I will record the rent arrears at the end of the tenancy and make an order for payment of the bond to offset the rent arrears. The landlord has provided rent records which prove the amount owing.

CLOSED UNLESS

This matter is determined as indicated by the orders above, but the landlord is granted a period of two months within which, if a personal representative is identified, and service details are able to be provided to the Tribunal they can request that the application be brought back before the Tribunal with this information and the matter will be re-opened and rescheduled for a one hour remote hearing before me to determine if the proposed respondent is a 1 See section 2 of the RTA. 2 Section 9 of the Trusts Act 2019 personal representative for the purposes of a proceeding in the Tribunal and if possible, for an order to be made for payment of the rent arrears.
Evidence of a personal representative is likely to take the form of a sealed grant of administration, letters of administration, or a copy of the will.

FILING FEE

In the circumstances and as the landlord has been partly but not wholly successful with the claim, I decline to reimburse the filing fee.

SUPPRESSION

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 3
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 4
The landlord has been substantially successful in the claim, in that they have had the bond released, therefore the landlord is entitled to name suppression and it is ordered.
In having regards to the public interest, I have made an order suppressing the tenant’s name and identifying details. The tenant has passed away and there is no public interest in publication of his name.

Claims and awards in Tenancy Tribunal application 5340164 — net $4,225.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 29 July 2025	$6,105.71	Rent arrears as of 29 July 2025
Net award	$4,225.71
Total payable by Tenant to Landlord	$4,225.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties names and identifying details.
The Bond Centre is to pay the bond of $1,880.00 ([Bond number suppressed]) to [The landlord/s] immediately to pay the rent arrears as calculated in the table below
This matter is determined as indicated by the orders above, but the landlord is granted a period of two months within which, if a personal representative is identified, and service details are able to be provided to the Tribunal they can request that the application be brought back before the Tribunal with this information and the matter will be re-opened and rescheduled for a one hour remote hearing.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears and payment of the bond.

SERVICE ON TENANT

The landlord says the tenant has died.
Section 50A of the Residential Tenancies Act 1986 (RTA) sets out what should happen if a sole tenant dies during the tenancy. It states: 50ATermination following death of sole tenant (1)On the death of a sole tenant under a tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the tenancy agreement terminates on the earliest of the following dates: (a)the date that is the 21st day after the date on which the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant: (b)the date that is the 21st day after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement: (c)the date that is agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin: (d)the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under subsection (2). (2)If a landlord is unable to give notice to vacate under subsection (1)(b), the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy.
At the commencement of the hearing the landlord explained how they came to be aware of the tenant’s passing. I am satisfied the tenant has died because the tenant’s family member gave notice of the tenant’s passing by text message from the tenant’s phone on 29 June 2025 and surrendered the premises to the landlord on 29 July 2025. Effectively, it appears the tenant’s next of kin made arrangements with the landlord to terminate the tenancy. The landlord said Births Death’s and Marriages have declined to provide them with a death certificate as they do not know the tenant’s date of passing. The landlord provided email correspondence from the tenant’s relative which confirms the tenant’s passing but indicated the relative is not willing to otherwise deal with this matter. The landlord does not believe the tenant had any children or a will.
The definition of a ‘tenant’ includes the “personal representative of a deceased tenant”. 1 Therefore the ‘personal representative’ can be the respondent for the purpose of an application to the Tribunal against a deceased tenant. A personal representative “means an executor (original or by representation) who has obtained probate or an administrator of the deceased person’s estate appointed by the court. 2
If a tenant dies owing rent and there is no personal representative, then technically there is no-one that the landlord can bring an application against, as the tenant must be served with the application.
However, The Tribunal takes the approach that in appropriate circumstances it can make an order terminating the tenancy and orders as to payment of the bond.
A personal representative has not been able to be identified and served with the proceedings.

PAYMENT OF BOND

In the circumstances I will record the rent arrears at the end of the tenancy and make an order for payment of the bond to offset the rent arrears. The landlord has provided rent records which prove the amount owing.

CLOSED UNLESS

This matter is determined as indicated by the orders above, but the landlord is granted a period of two months within which, if a personal representative is identified, and service details are able to be provided to the Tribunal they can request that the application be brought back before the Tribunal with this information and the matter will be re-opened and rescheduled for a one hour remote hearing before me to determine if the proposed respondent is a 1 See section 2 of the RTA. 2 Section 9 of the Trusts Act 2019 personal representative for the purposes of a proceeding in the Tribunal and if possible, for an order to be made for payment of the rent arrears.
Evidence of a personal representative is likely to take the form of a sealed grant of administration, letters of administration, or a copy of the will.

FILING FEE

In the circumstances and as the landlord has been partly but not wholly successful with the claim, I decline to reimburse the filing fee.

SUPPRESSION

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 3
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 4
The landlord has been substantially successful in the claim, in that they have had the bond released, therefore the landlord is entitled to name suppression and it is ordered.
In having regards to the public interest, I have made an order suppressing the tenant’s name and identifying details. The tenant has passed away and there is no public interest in publication of his name.

Tenancy Tribunal case 5340164 — Rent arrears

At a glance

Tenancy Tribunal case 5340164 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

SERVICE ON TENANT

PAYMENT OF BOND

CLOSED UNLESS

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

SERVICE ON TENANT

PAYMENT OF BOND

CLOSED UNLESS

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions