What was Tenancy Tribunal case 5346741 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 5346741?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,130.00 awarded to landlord

What type of tenancy dispute was case 5346741?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5346741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12598291-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5346741 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 5346741?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,130.00 awarded to landlord

What type of tenancy dispute was case 5346741?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5346741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12598291-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5346741 — Rent arrears

Claims and awards in Tenancy Tribunal application 5346741 — net $1,798.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 October 2025	$4,130.00	Rent arrears to 21 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,798.00
Total payable by Tenant to Landlord	$1,798.00

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 tenancy of Sonny James Trinder and Deni Lauren Smart at 72 Hudson Street, Bryndwr, Christchurch 8053 is terminated, and possession is granted to [The landlord/s] immediately.
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Sonny James Ttrinder and Deni Lauren Smart must pay [The landlord/s] $1,798.00 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord attended the hearing that took place remotely.
I telephoned the tenants on the numbers on the tenancy agreement but they went answered. I am satisfied the tenants have been served and so the hearing proceeded in their absence.
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.
The parties have entered into a fixed term tenancy from 22 July 2025 to 1 February 2026.
I heard how Mr Trinder has not lived at the premises for a while after he was placed in custody but he has remained a tenant. Until recently Ms Smart remained living at the premises. I heard how Mr Trinder’s parents recently paid some rent to the landlord, but messages from his parents note he is uncontactable.
The landlord says that rent had not been paid and they chased this up by text message with Ms Smart - those messages were unanswered. The landlord arranged a property inspection on 6 September 2025 and then returned on 7 September 2025 in the hope of meeting the tenant after texting her. She did not show up to either event or contact the landlord about them.
At the inspection the landlord noted a broken window and the French doors had been left unlocked. There was rubbish and bags to show that it appeared that someone was packing the place up. These findings are recorded in a message to Mr Trinder’s parents. The landlord says that the tenant has at some point returned and taken some things away. The landlord considers that they became aware that the tenant had abandoned the premises at the inspection on 6 September.
The landlord inspected the premises again a few days prior to the hearing to gather further evidence. I saw photographs showing that the premises has no real furniture – there is a couch in the hall, but this is the only piece of furniture of substance. Photographs taken show a kitchen that is sparse with some items scattered and many cupboards left open and no real food of note in the pantry. I heard how the bedrooms have no items of note in them. There are no beds other than a bed that had been left outside.
On 9 September 2025 Ms Smart contacted the landlord to express that she did not agree to Mr Trinder’s parents ending the tenancy on his behalf.
The landlord says that neighbours report that no one has been living at the property.
The landlord says that they also had a discussion with the police on site on 12 September 2025 – they were looking for Ms Smart but they had not been able to find her.
I note that neither party may give notice to end a fixed term tenancy early but the tenancy may end by agreement. Where there are co-tenants one tenant cannot end a fixed term tenancy for a fixed term tenancy, all tenants must agree to end the tenancy early (with the landlord), unless there is a legal ground for one tenant to withdraw (such as under the family violence provisions) (Derbyshire v Mark and Maggies Property Company Limited [2013] NZTT 1477).
I am satisfied on the balance of probabilities that the property has been abandoned.
I accept the landlord’s position that it was on 6 September 2025 that the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. There is nothing to suggest that they would have known earlier.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
The landlord provided rent records which prove the amount owing at the date of the hearing and seek this sum.
If it were a periodic tenancy, the tenant would be liable for only 21 days rent from 6 September 2025. However, this is a fixed term tenancy. Section 61(3) provides that in the case of a fixed-term tenancy, the tenant is liable for the rent up to the date of the expiry of the term or the date of a new tenancy, whichever is the earlier.
Therefore, I am prepared to award the rent up to the date of the hearing which has been requested by the landlord.
The Bond centre is ordered to pay the bond to the landlord towards the sum payable. Suppression and filing fee
I award the landlord reimbursement of the filing fee as they have been successful.
The landlord seeks suppression of their identifying details. The landlord has been wholly successful and so I award the landlord name 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 (section 95A RTA).

Claims and awards in Tenancy Tribunal application 5346741 — net $1,798.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 October 2025	$4,130.00	Rent arrears to 21 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,798.00
Total payable by Tenant to Landlord	$1,798.00

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 tenancy of Sonny James Trinder and Deni Lauren Smart at 72 Hudson Street, Bryndwr, Christchurch 8053 is terminated, and possession is granted to [The landlord/s] immediately.
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Sonny James Ttrinder and Deni Lauren Smart must pay [The landlord/s] $1,798.00 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord attended the hearing that took place remotely.
I telephoned the tenants on the numbers on the tenancy agreement but they went answered. I am satisfied the tenants have been served and so the hearing proceeded in their absence.
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.
The parties have entered into a fixed term tenancy from 22 July 2025 to 1 February 2026.
I heard how Mr Trinder has not lived at the premises for a while after he was placed in custody but he has remained a tenant. Until recently Ms Smart remained living at the premises. I heard how Mr Trinder’s parents recently paid some rent to the landlord, but messages from his parents note he is uncontactable.
The landlord says that rent had not been paid and they chased this up by text message with Ms Smart - those messages were unanswered. The landlord arranged a property inspection on 6 September 2025 and then returned on 7 September 2025 in the hope of meeting the tenant after texting her. She did not show up to either event or contact the landlord about them.
At the inspection the landlord noted a broken window and the French doors had been left unlocked. There was rubbish and bags to show that it appeared that someone was packing the place up. These findings are recorded in a message to Mr Trinder’s parents. The landlord says that the tenant has at some point returned and taken some things away. The landlord considers that they became aware that the tenant had abandoned the premises at the inspection on 6 September.
The landlord inspected the premises again a few days prior to the hearing to gather further evidence. I saw photographs showing that the premises has no real furniture – there is a couch in the hall, but this is the only piece of furniture of substance. Photographs taken show a kitchen that is sparse with some items scattered and many cupboards left open and no real food of note in the pantry. I heard how the bedrooms have no items of note in them. There are no beds other than a bed that had been left outside.
On 9 September 2025 Ms Smart contacted the landlord to express that she did not agree to Mr Trinder’s parents ending the tenancy on his behalf.
The landlord says that neighbours report that no one has been living at the property.
The landlord says that they also had a discussion with the police on site on 12 September 2025 – they were looking for Ms Smart but they had not been able to find her.
I note that neither party may give notice to end a fixed term tenancy early but the tenancy may end by agreement. Where there are co-tenants one tenant cannot end a fixed term tenancy for a fixed term tenancy, all tenants must agree to end the tenancy early (with the landlord), unless there is a legal ground for one tenant to withdraw (such as under the family violence provisions) (Derbyshire v Mark and Maggies Property Company Limited [2013] NZTT 1477).
I am satisfied on the balance of probabilities that the property has been abandoned.
I accept the landlord’s position that it was on 6 September 2025 that the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. There is nothing to suggest that they would have known earlier.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
The landlord provided rent records which prove the amount owing at the date of the hearing and seek this sum.
If it were a periodic tenancy, the tenant would be liable for only 21 days rent from 6 September 2025. However, this is a fixed term tenancy. Section 61(3) provides that in the case of a fixed-term tenancy, the tenant is liable for the rent up to the date of the expiry of the term or the date of a new tenancy, whichever is the earlier.
Therefore, I am prepared to award the rent up to the date of the hearing which has been requested by the landlord.
The Bond centre is ordered to pay the bond to the landlord towards the sum payable. Suppression and filing fee
I award the landlord reimbursement of the filing fee as they have been successful.
The landlord seeks suppression of their identifying details. The landlord has been wholly successful and so I award the landlord name 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 (section 95A RTA).

Tenancy Tribunal case 5346741 — Rent arrears

At a glance

Tenancy Tribunal case 5346741 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions