What was Tenancy Tribunal case 5341501 about?

The tribunal order states: The tenancy of [The tenant/s] at 248A Bairds Road, Otara, Auckland

How much money was awarded in case 5341501?

Rent Arrears: $2,672.00 awarded to landlord

What type of tenancy dispute was case 5341501?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5341501?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12451277-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5341501 about?

The tribunal order states: The tenancy of [The tenant/s] at 248A Bairds Road, Otara, Auckland

How much money was awarded in case 5341501?

Rent Arrears: $2,672.00 awarded to landlord

What type of tenancy dispute was case 5341501?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5341501?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12451277-Tenancy_Tribunal_Order.pdf.

248A Bairds Road, Otara, Auckland 2023 Tenancy Tribunal Case 5341501 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5341501 — net $2,460.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 September 2025	$2,672.00	Rent arrears to 23 September 2025
Net award	$2,460.00
Total payable by Tenant to Landlord	$2,460.00

The tenancy of [The tenant/s] at 248A Bairds Road, Otara, Auckland 2023 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.

The Bond Centre is to pay the bond of $212.00 to Kāinga Ora–Homes And Communities immediately.

[The tenant/s] must pay Kāinga Ora–Homes And Communities $2,460.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was conducted by video. An attempt to reach the tenant by phone was unsuccessful. No further attempts were made given the lack of success that landlord has had in reaching the tenant.

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.

On 1 September 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Ms Thompson-Wise provided the following summary of events. It is acknowledged that some accounts are hearsay, but in the absence of any evidence to the contrary, I have received the evidence and attach some weight to it.

Miss Alosio’s last rent payment of $190.00 was received on 2 August 2025 which was a manual payment. The Housing Support Manger (HSM) attempted to contact Miss Aloisio on the phone to discuss the arrears however the contact number was inactive.

On 4 August 2025, a Return to Property notice was issued and delivered and due to the rent arrears. The expiry date for the notice was 21 August 2025.

On 14 August 2025, the tenancy team attempted to make multiple calls, emails and visited the property in hopes to sight Miss Aloisio at the property however, this was unsuccessful.

On 18 August 2025, a section 56 notice to remedy the rent arrears and a copy of the rent statement was placed into the letterbox. Later that day, an email notification was received from Miss Aloisio, advising that she would call back on Wednesday 20 August to discuss the rent arrears and claimed full payment would be made that week to clear the current rent arrears.

Miss Aloisio failed to make contact as per last email discussion and no payment was received as advised.

The tenancy team continued to try to make contact, including visiting the premises, leaving a calling card, delivering an office meeting letter and emailing it.

Having received no contact, and having given notice to enter, the landlord did so on 1 September. Although there were belongings such as beds in the premises, there was no bedding and food was perishing. This is evident in the photographs provided to the Tribunal.

Today the team have advised that the lawns are overgrown.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

A rent summary has been provided showing the arrears. Rent is payable up to and including today.

Since 29 August this has been charged at market rate. Ms Thompson-Wise advised this is because of the tenant’s lack of contact with MSD, and her benefit has likely been stopped. Rent is income-related.

Claims and awards in Tenancy Tribunal application 5341501 — net $2,460.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 September 2025	$2,672.00	Rent arrears to 23 September 2025
Net award	$2,460.00
Total payable by Tenant to Landlord	$2,460.00

Order

The tenancy of [The tenant/s] at 248A Bairds Road, Otara, Auckland 2023 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
The Bond Centre is to pay the bond of $212.00 to Kāinga Ora–Homes And Communities immediately.
[The tenant/s] must pay Kāinga Ora–Homes And Communities $2,460.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing which was conducted by video. An attempt to reach the tenant by phone was unsuccessful. No further attempts were made given the lack of success that landlord has had in reaching the tenant.
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.
On 1 September 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Ms Thompson-Wise provided the following summary of events. It is acknowledged that some accounts are hearsay, but in the absence of any evidence to the contrary, I have received the evidence and attach some weight to it.
Miss Alosio’s last rent payment of $190.00 was received on 2 August 2025 which was a manual payment. The Housing Support Manger (HSM) attempted to contact Miss Aloisio on the phone to discuss the arrears however the contact number was inactive.
On 4 August 2025, a Return to Property notice was issued and delivered and due to the rent arrears. The expiry date for the notice was 21 August 2025.
On 14 August 2025, the tenancy team attempted to make multiple calls, emails and visited the property in hopes to sight Miss Aloisio at the property however, this was unsuccessful.
On 18 August 2025, a section 56 notice to remedy the rent arrears and a copy of the rent statement was placed into the letterbox. Later that day, an email notification was received from Miss Aloisio, advising that she would call back on Wednesday 20 August to discuss the rent arrears and claimed full payment would be made that week to clear the current rent arrears.
Miss Aloisio failed to make contact as per last email discussion and no payment was received as advised.
The tenancy team continued to try to make contact, including visiting the premises, leaving a calling card, delivering an office meeting letter and emailing it.
Having received no contact, and having given notice to enter, the landlord did so on 1 September. Although there were belongings such as beds in the premises, there was no bedding and food was perishing. This is evident in the photographs provided to the Tribunal.
Today the team have advised that the lawns are overgrown.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
A rent summary has been provided showing the arrears. Rent is payable up to and including today.
Since 29 August this has been charged at market rate. Ms Thompson-Wise advised this is because of the tenant’s lack of contact with MSD, and her benefit has likely been stopped. Rent is income-related.

Tenancy Tribunal case 5341501 — Rent arrears at 248A Bairds Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5341501 — Rent arrears at 248A Bairds Road, Otara, Auckland 2023

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