What was Tenancy Tribunal case 5346047 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 5346047?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,560.00 awarded to landlord; Water Rates: $86.90 awarded to landlord

What type of tenancy dispute was case 5346047?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5346047?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12599806-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5346047 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 5346047?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,560.00 awarded to landlord; Water Rates: $86.90 awarded to landlord

What type of tenancy dispute was case 5346047?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5346047?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12599806-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5346047 — Rent arrears

Claims and awards in Tenancy Tribunal application 5346047 — net $1,154.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 October 2025	$2,560.00	Rent arrears to 19 October 2025
BY CONSENT Water rates	$86.90	BY CONSENT Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,154.90
Total payable by Tenant to Landlord	$1,154.90

Claims and awards in Tenancy Tribunal application 5346047 — net $1,154.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 October 2025	$2,560.00	Rent arrears to 19 October 2025
BY CONSENT Water rates	$86.90	BY CONSENT Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,154.90
Total payable by Tenant to Landlord	$1,154.90

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The landlord’s application to terminate the tenancy on the grounds of abandonment is dismissed.
BY CONSENT The tenancy of Zalmai Mayar and Zahra Mayer at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Tuesday 21 October 2025.
The landlord also wants to claim costs of advertising and management costs associated with the re-letting of the of the premises. A further application should be made in respect of this part of the application.

Reasons

The landlord and Mr Mayar attended the hearing which took place by telephone.

Who are the parties?

I discussed with the parties why the landlord’s company was listed at the Bond Centre. The landlord says this was an administrative matter but that the tenancy has always been handled in his own individual name. I accept that the tenancy agreement reflects this and that that landlord is as named in the application.
The application was only bought against one tenant but the bond is held in the name of two tenants (Zalmai Mayar and Biba Zahra – Biba, Mr Mayar says, is the same person as Zahra Mayar and is his wife). Recent changes to the tenancy (regarding a fixed term) are also signed in the name of these individuals. The tenancy agreement itself is blank in that regard.
With the consent of Mr Mayar and the landlord, who both agreed that Ms Mayar is also a tenant, she is added to the application as a party. Mr Mayar confirmed she knew he would be speaking on her behalf today as she is at work and he was able to add her.

What is the application?

The landlord’s application has changed and so I invited him to explain what he wanted. He said his application was: a. He wanted the rent owed (he clarified later in the hearing he would claim to 19 October 2025); b. He wanted the property back – the tenant has left but not handed over the keys; c. He wants an amount for sums he will incur in the reletting of the premises; and d. He wants the application fee

Can the tenancy be terminated and the landlord have possession of the property?

In his written application the landlord made an application to terminate the tenancy on the basis of abandonment.
The landlord clarified that he wanted the tenancy to end because the tenant had left, had wrongly given notice to terminate a fixed term and was not paying rent.
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.
Here the tenant did notify the landlord that they were leaving.
This means that the landlord’s application for termination on the basis of abandonment cannot succeed because the tenant told the landlord they were leaving.
The landlord’s claim for abandonment is dismissed.
However, the tenants have entered into an agreement to fix the tenancy until 25 July 2026. Neither party may give notice to end a fixed term tenancy early but the tenancy may end by agreement.
The landlord has not taken possession of the property as he was waiting for the hearing today but he wants to get possession. The tenant also wanted the tenancy to end.
The parties agreed that the tenancy would end today.
I consider that through this agreement the tenant has surrendered the tenancy and the landlord has accepted this (pursuant to section 50(1))(d), RTA). I have made an order to reflect this agreement.
The tenant says he will now return the key. Water costs
The landlord also raised in the hearing the fact he wanted $86.90 that was owing in water to the end of the tenancy. He confirmed that would be all of the water to the end of the tenancy and the tenant agreed to pay this.
I have therefore made an order for this to take place by consent.

How much should the tenant pay in rent arrears?

The landlord seeks rent arrears and provided a rent summary.
Rent arrears were only sought to 19 October 2025. The landlord said he only was going to claim the sum to that date.
The landlord and tenant both agree that the arrears sum to 19 October 2025 is $2,560.
The amount ordered is proven. How will the landlord’s claim for reletting costs be heard?
The landlord seeks the costs arising from the fact the fixed term tenancy has ended early. He wants payment of advertising fees and reletting fees. Those costs have not yet been incurred so there is no proof of loss.
At the hearing I indicated that this part of the application would be adjourned.
However, having reflected on this further, the landlord has made this part of the application prematurely, having not incurred these expenses yet and the tenancy only having ended today.
The landlord will therefore need to file a new application for any such claim and this will be heard at a later date.

Does the tenant have a claim?

The tenant says he also wants to file an application relating to the maintenance and condition of the property.
He has filed documentation in advance of this hearing but did not realise he needed to make his own application.
The tenant says he will do this in the next few days.
This can be pursued if desired and will be heard at a later date. Refund of the bond
The Bond Centre has been ordered to pay the bond to the landlord as per the above order. Suppression and the filing fee
I award the landlord reimbursement of the filing fee. He has been substantially successful because the property has been returned to him and the arrears sought have been ordered.
The landlord seeks suppression of identifying details and the tenant does not.
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 (s95A RTA).
I have awarded the landlord name suppression because he has been substantially successful.

Tenancy Tribunal case 5346047 — Rent arrears

At a glance

Tenancy Tribunal case 5346047 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Who are the parties?

What is the application?

Can the tenancy be terminated and the landlord have possession of the property?

How much should the tenant pay in rent arrears?

Does the tenant have a claim?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Who are the parties?

What is the application?

Can the tenancy be terminated and the landlord have possession of the property?

How much should the tenant pay in rent arrears?

Does the tenant have a claim?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions