What was Tenancy Tribunal case 5349662 about?

The tribunal order states: No suppression orders apply to this decision. The suppression order granted to

How much money was awarded in case 5349662?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,110.00 awarded to landlord

What type of tenancy dispute was case 5349662?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5349662?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12600644-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5349662 about?

The tribunal order states: No suppression orders apply to this decision. The suppression order granted to

How much money was awarded in case 5349662?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,110.00 awarded to landlord

What type of tenancy dispute was case 5349662?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5349662?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12600644-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 1, 74 Benn Road, Cambridge, RD 3, Tenancy Tribunal Case 5349662 — Rent arrears

Claims and awards in Tenancy Tribunal application 5349662 — net $568.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 September 2025	$1,110.00	Rent arrears to 23 September 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$568.00
Total payable by Tenant to Landlord	$568.00

Order

No suppression orders apply to this decision. The suppression order granted to the parties in the Tribunal order of dated 14 October 2025 in this case is lifted and no longer applies.
[The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $568.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $570.00 (BN00097097) to [The tenant/s] landlord/s] immediately.
The landlord’s application for termination for abandonment is dismissed.

Reasons

Only the landlord attended the hearing.
I am satisfied that the tenant has been served and so the hearing proceeded in her absence. The email address used for service is recorded on the bond form.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond. The landlord later added to her application (simply in the form of documents filed) referring to power charges and mentioned this at the hearing. However, this was not part of the original application. The landlord must make an additional application for this if it is required.
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 tenancy agreement records a fixed term tenancy between the parties starting on 2 June 2025 and ending on 2 June 2026.
The landlord says that the tenant abandoned the premises. The landlord made an application on 22 September 2025 to terminate the tenancy on this basis. This application was made, she says, shortly prior to the exchange below.
The landlord says that she had not seen the tenant since 9 September 2025 when she had spoken to her about rent arrears. I heard how the tenanted property is behind the landlord’s home. I heard how, after a week of not seeing the tenant, the landlord thought she had left.
The landlord sent a text message to the tenant on 14 September 2025 for an inspection and inspected the property on 17 September 2025.
On inspection the landlord saw that there was a rotting food smell, dishes were in the sink unwashed and there was a leftover unwashed dish in the oven that had gone mouldy. The tenant’s bread was mouldy in a fridge outside in a shared space.
On 18 September the landlord sent this message to the tenant:
The tenant replied on 22 September she explained that she was in Wellington working and helping her niece with a family issue. She ended the text saying:
The landlord replied saying (as relevant):
The following day the landlord sent the following message (in green), and the tenant replied (in yellow):
I heard how the tenant did not arrange for the collection of her things until recently but that on 2 October 2025 the landlord packed up the tenant’s things.
On 6 October 2025 the landlord undertook testing at the property and has since been cleaning the property for the next tenant. Analysis
Via her own actions the landlord has carved her own route to end the tenancy prior to coming before the Tribunal.
I am satisfied on the facts that the tenancy has already ended. The tenancy cannot still be continuing as at the date of the hearing because the landlord is now in full possession of the property and has been for some time.
Therefore, there is no basis upon which to make an order terminating the tenancy and returning the property to the landlord.
The landlord’s application to terminate the tenancy on the basis of abandonment is dismissed.
The question is then the how much of the rent arrears sought should be awarded. Rent arrears are awarded to the end of the tenancy.
I consider that the tenancy ended on 28 September 2025 when, after being told by the tenant that she would be returning, the landlord did not appropriately reflect on the appropriateness of the application to terminate the tenancy on the basis of abandonment but proceeded in any event telling the tenant she was doing so.
The landlord sent a clear message to the tenant on 23 September, after telling the tenant there was the abandonment application in progress, that the tenant needed to - “...picking up your belongings by Sunday...we would like you to leave amicably with all of your belongings...”. The landlord gave a deadline of Sunday for items to be removed (being 28 September). The tenant agreed to that in her reply.
The landlord then stated
I find that this exchange meant that the landlord told the tenant that the tenancy needed to end, and that she had until on 28 September 2025 and the tenant agreed to this.
The final date of the tenancy is therefore 28 September 2025. The tenant is therefore liable for arrears to this date.
The landlord provided rent records which show the payments made by the tenant. The rent summary did not show the two weeks in advance paid by the tenant and so, once this is accounted for, I find that the tenant has paid $3,735 for the rent for the whole of this tenancy. The weekly rent is $285 and the length of the tenancy is from 2 June 2025 to 28 September 2025 – That is 17 weeks.
This means the tenant should have paid $4845.00. $4845.00 less the $3,735 already paid leaves $1,110 in arrears.
The bond is released to the landlord as partial payment for the sums recovered.
The landlord has partially succeeded in the claim because she has an award of arrears, so I award the filing fee.
No application was made for suppression and so I do not award this. An order for suppression was made in an order of the Tribunal dated 14 October 2025 but this is now lifted as I see no basis upon which to grant continued name suppression.

Claims and awards in Tenancy Tribunal application 5349662 — net $568.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 September 2025	$1,110.00	Rent arrears to 23 September 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$568.00
Total payable by Tenant to Landlord	$568.00

Order

No suppression orders apply to this decision. The suppression order granted to the parties in the Tribunal order of dated 14 October 2025 in this case is lifted and no longer applies.
[The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $568.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $570.00 (BN00097097) to [The tenant/s] landlord/s] immediately.
The landlord’s application for termination for abandonment is dismissed.

Reasons

Only the landlord attended the hearing.
I am satisfied that the tenant has been served and so the hearing proceeded in her absence. The email address used for service is recorded on the bond form.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond. The landlord later added to her application (simply in the form of documents filed) referring to power charges and mentioned this at the hearing. However, this was not part of the original application. The landlord must make an additional application for this if it is required.
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 tenancy agreement records a fixed term tenancy between the parties starting on 2 June 2025 and ending on 2 June 2026.
The landlord says that the tenant abandoned the premises. The landlord made an application on 22 September 2025 to terminate the tenancy on this basis. This application was made, she says, shortly prior to the exchange below.
The landlord says that she had not seen the tenant since 9 September 2025 when she had spoken to her about rent arrears. I heard how the tenanted property is behind the landlord’s home. I heard how, after a week of not seeing the tenant, the landlord thought she had left.
The landlord sent a text message to the tenant on 14 September 2025 for an inspection and inspected the property on 17 September 2025.
On inspection the landlord saw that there was a rotting food smell, dishes were in the sink unwashed and there was a leftover unwashed dish in the oven that had gone mouldy. The tenant’s bread was mouldy in a fridge outside in a shared space.
On 18 September the landlord sent this message to the tenant:
The tenant replied on 22 September she explained that she was in Wellington working and helping her niece with a family issue. She ended the text saying:
The landlord replied saying (as relevant):
The following day the landlord sent the following message (in green), and the tenant replied (in yellow):
I heard how the tenant did not arrange for the collection of her things until recently but that on 2 October 2025 the landlord packed up the tenant’s things.
On 6 October 2025 the landlord undertook testing at the property and has since been cleaning the property for the next tenant. Analysis
Via her own actions the landlord has carved her own route to end the tenancy prior to coming before the Tribunal.
I am satisfied on the facts that the tenancy has already ended. The tenancy cannot still be continuing as at the date of the hearing because the landlord is now in full possession of the property and has been for some time.
Therefore, there is no basis upon which to make an order terminating the tenancy and returning the property to the landlord.
The landlord’s application to terminate the tenancy on the basis of abandonment is dismissed.
The question is then the how much of the rent arrears sought should be awarded. Rent arrears are awarded to the end of the tenancy.
I consider that the tenancy ended on 28 September 2025 when, after being told by the tenant that she would be returning, the landlord did not appropriately reflect on the appropriateness of the application to terminate the tenancy on the basis of abandonment but proceeded in any event telling the tenant she was doing so.
The landlord sent a clear message to the tenant on 23 September, after telling the tenant there was the abandonment application in progress, that the tenant needed to - “...picking up your belongings by Sunday...we would like you to leave amicably with all of your belongings...”. The landlord gave a deadline of Sunday for items to be removed (being 28 September). The tenant agreed to that in her reply.
The landlord then stated
I find that this exchange meant that the landlord told the tenant that the tenancy needed to end, and that she had until on 28 September 2025 and the tenant agreed to this.
The final date of the tenancy is therefore 28 September 2025. The tenant is therefore liable for arrears to this date.
The landlord provided rent records which show the payments made by the tenant. The rent summary did not show the two weeks in advance paid by the tenant and so, once this is accounted for, I find that the tenant has paid $3,735 for the rent for the whole of this tenancy. The weekly rent is $285 and the length of the tenancy is from 2 June 2025 to 28 September 2025 – That is 17 weeks.
This means the tenant should have paid $4845.00. $4845.00 less the $3,735 already paid leaves $1,110 in arrears.
The bond is released to the landlord as partial payment for the sums recovered.
The landlord has partially succeeded in the claim because she has an award of arrears, so I award the filing fee.
No application was made for suppression and so I do not award this. An order for suppression was made in an order of the Tribunal dated 14 October 2025 but this is now lifted as I see no basis upon which to grant continued name suppression.

Tenancy Tribunal case 5349662 — Rent arrears at Unit/Flat Unit 1, 74 Benn Road, Cambridge, RD 3,

At a glance

Tenancy Tribunal case 5349662 — Rent arrears at Unit/Flat Unit 1, 74 Benn Road, Cambridge, RD 3,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.