What was Tenancy Tribunal case 5341349 about?

The tribunal order states: The tenancy of [The tenant/s] at Room Ground Floor, Unit/Flat 6,

How much money was awarded in case 5341349?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,480.00 awarded to landlord

What type of tenancy dispute was case 5341349?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5341349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12669478-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5341349 about?

The tribunal order states: The tenancy of [The tenant/s] at Room Ground Floor, Unit/Flat 6,

How much money was awarded in case 5341349?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,480.00 awarded to landlord

What type of tenancy dispute was case 5341349?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5341349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12669478-Tribunal_Order.pdf.

Room Ground Floor, Unit/Flat 6, 1 Kaponga Crescent, New Tenancy Tribunal Case 5341349 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5341349 — net $3,228.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears together with rent owing in advance to 9 November 2025	$4,480.00	12. As the landlord’s termination application on the basis of rent arrears is proven I do not need to consider the landlord’s application made on the basis of…
Filing fee reimbursement	$28.00	Limited has wholly succeeded with the claim I must reimburse the filing fee of $28.00.
Net award	$3,228.00
Total payable by Tenant to Landlord	$3,228.00

The tenancy of [The tenant/s] at Room Ground Floor, Unit/Flat 6, 1 Kaponga Crescent, New Lynn, Auckland 0600 is terminated, and possession is granted to Maximize Property Management Limited, at 11.59pm on Sunday, 9 November 2025.

The Bond Centre is to pay the bond of $1,280.00 to Maximize Property Management Limited immediately.

[The tenant/s] must pay Maximize Property Management Limited $3,228.00 immediately, calculated as shown in the table below:

Reasons

Only the landlord attended the hearing, represented by Mr Li. He was assisted by an interpreter, Ms Harborne.

I am satisfied that the tenant has been served with the landlord’s application in accordance with the provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the tenant’s absence.

The landlord filed an application for expedited abandonment on 5 September 2025 but the grounds for an expedited abandonment were not proven and the matter was set down for hearing. In the meantime, on 11 September 2025, the landlord filed a further application for termination on the basis of abandonment. Both claims were scheduled for hearing before me on 21 October 2025.

At the hearing I was not satisfied that the landlord had proven that the property had been abandoned. The tenancy property remained full of the tenant’s belongings and while the property was quite messy it was set up with a bed and other furniture and the sink was full of dishes.

The landlord sought an adjournment so that they could file further evidence and requested to amend their claim to seek termination on the basis of rent arrears.

An adjournment was granted and the Tribunal issued directions on 21 October 2025 noting that the landlord’s application had been amended. A copy of those directions were sent to the tenant.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by failing to pay rent. The landlord produced a rent summary showing that the rent is in arrears in the amount of $4,297.15 to today’s date and owes an additional $182.85 being rent in advance owing to 9 November 2025 (total $4,480.00).

The landlord served a 14-day notice on the tenant on 20 October 2025 and the tenant did not remedy the breach within the required period. The notice recorded that this was the third notice issued.

It would be inequitable to refuse to terminate the tenancy because the rent arrears is over 21 days in arrears and is significantly over the amount of the bond held.

As the landlord’s termination application on the basis of rent arrears is proven I do not need to consider the landlord’s application made on the basis of abandonment. Filing fee and name suppression

Because Maximize Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee of $28.00.

The landlord did not seek an order for name suppression.

Claims and awards in Tenancy Tribunal application 5341349 — net $3,228.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears together with rent owing in advance to 9 November 2025	$4,480.00	12. As the landlord’s termination application on the basis of rent arrears is proven I do not need to consider the landlord’s application made on the basis of…
Filing fee reimbursement	$28.00	Limited has wholly succeeded with the claim I must reimburse the filing fee of $28.00.
Net award	$3,228.00
Total payable by Tenant to Landlord	$3,228.00

Order

The tenancy of [The tenant/s] at Room Ground Floor, Unit/Flat 6, 1 Kaponga Crescent, New Lynn, Auckland 0600 is terminated, and possession is granted to Maximize Property Management Limited, at 11.59pm on Sunday, 9 November 2025.
The Bond Centre is to pay the bond of $1,280.00 to Maximize Property Management Limited immediately.
[The tenant/s] must pay Maximize Property Management Limited $3,228.00 immediately, calculated as shown in the table below:

Reasons

Only the landlord attended the hearing, represented by Mr Li. He was assisted by an interpreter, Ms Harborne.
I am satisfied that the tenant has been served with the landlord’s application in accordance with the provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the tenant’s absence.
The landlord filed an application for expedited abandonment on 5 September 2025 but the grounds for an expedited abandonment were not proven and the matter was set down for hearing. In the meantime, on 11 September 2025, the landlord filed a further application for termination on the basis of abandonment. Both claims were scheduled for hearing before me on 21 October 2025.
At the hearing I was not satisfied that the landlord had proven that the property had been abandoned. The tenancy property remained full of the tenant’s belongings and while the property was quite messy it was set up with a bed and other furniture and the sink was full of dishes.
The landlord sought an adjournment so that they could file further evidence and requested to amend their claim to seek termination on the basis of rent arrears.
An adjournment was granted and the Tribunal issued directions on 21 October 2025 noting that the landlord’s application had been amended. A copy of those directions were sent to the tenant.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by failing to pay rent. The landlord produced a rent summary showing that the rent is in arrears in the amount of $4,297.15 to today’s date and owes an additional $182.85 being rent in advance owing to 9 November 2025 (total $4,480.00).
The landlord served a 14-day notice on the tenant on 20 October 2025 and the tenant did not remedy the breach within the required period. The notice recorded that this was the third notice issued.
It would be inequitable to refuse to terminate the tenancy because the rent arrears is over 21 days in arrears and is significantly over the amount of the bond held.
As the landlord’s termination application on the basis of rent arrears is proven I do not need to consider the landlord’s application made on the basis of abandonment. Filing fee and name suppression
Because Maximize Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee of $28.00.
The landlord did not seek an order for name suppression.

Tenancy Tribunal case 5341349 — Rent arrears at Room Ground Floor, Unit/Flat 6, 1 Kaponga Crescent, New

At a glance

Tenancy Tribunal case 5341349 — Rent arrears at Room Ground Floor, Unit/Flat 6, 1 Kaponga Crescent, New

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions