What was Tenancy Tribunal case 5350801 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 5350801?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $21,514.29 awarded to landlord

What type of tenancy dispute was case 5350801?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5350801?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13069960-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5350801 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 5350801?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $21,514.29 awarded to landlord

What type of tenancy dispute was case 5350801?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5350801?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13069960-Tribunal_Order_Redacted.pdf.

186 Boord Crescent, Kumeu, RD 1, Kumeu 0891 Tenancy Tribunal Case 5350801 — Rent arrears

Claims and awards in Tenancy Tribunal application 5350801 — net $17,142.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 22 August 2025	$21,514.29	Rent arrears (to 22 August 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$17,142.29
Total payable by Tenant to Landlord	$17,142.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jade Stack and Bradley Hollier must pay [The landlord/s] $17,142.29 immediately, being rent arrears to 22 August 2025.
The Bond Centre is to pay the bond of $4,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

On 24 September 2025, the landlord filed an application seeking rent arrears, compensation for rubbish removal costs, and reimbursement of the filing fee following the end of the tenancy.
The matter was set down for hearing and adjourned at the request of the parties on 26 November 2025. The tenants had provided the landlord with a number of invoices for maintenance work they had completed at the property dating back to 2022. The tenants wanted the landlord to offset these costs against their outstanding rent arrears. The landlord wanted additional evidence of liability for these costs.
Today’s hearing proceeded by way of video conference.
The Tribunal was assisted by Ms Song, a Mandarin speaking interpreter.
[Property Manager], Property Manager, appeared for the landlord.
The tenants did not appear, and unsuccessful attempts were made to join them to the hearing by telephone. The Tribunal was satisfied the tenants were properly served with the notice of hearing and the case proceeded in their absence.
The landlord told the Tribunal the matter had not resolved as he had been unable to make contact with the tenants despite attempts on 30 November 2025, 6 January, and 20 January 2026.
At the hearing, the landlord confirmed their claim for rent arrears. The landlord withdrew their claim for compensation for rubbish removal costs and asked the Tribunal to refund the bond to offset the rent debt. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

How much is owed in rent arrears?

The landlord seeks rent arrears totalling $23,400.00 and provided a rent summary for the period 2 June 2025 to 3 September 2025.
The landlord told the Tribunal the tenants gave notice terminating their tenancy effective 29 June 2025. However, the tenants failed to vacate the property and told him that they “needed an extra few weeks.”
The landlord said that on 13 July 2025 he received a text message from the tenants saying they were “sorting out the rent today” and would be “out in the next few weeks”.
The landlord said he contacted the tenants to say the rent payments had not been received and asked them to confirm the last day of their tenancy. The tenants replied saying their final day in the property would be 21 July 2025.
The landlord said he went to the property on 21 July 2025 and could see the tenants furniture was still inside, and they had not moved out.
The landlord said he returned to the property on 25 July 2025 and again found the tenants possessions inside the property indicating they had not moved out.
The landlord said he sent a text message to the tenants on 29 July 2025 asking for the keys to be returned and to discuss a payment plan to clear the arrears. The landlord said the tenants did not respond to that message.
The landlord said he had a brief telephone conversation with the tenant on 30 July 2025, during which time the tenant stated they was busy moving out and would call him later. The call was not returned.
The landlord said he went to the property on 21 August and again on 22 August 2025 and provided photographs from those visits. The photographs from 21 August 2025 show items belonging to the tenant including a trailer, gas cutter and jack stand in the shed. Outdoor furniture and barbeque equipment on the deck. A van and a truck parked in the driveway. The photographs from 22 August 2025 show a van and a car parked in the driveway, and a person inside the house. The landlord said he telephoned the tenant who claimed they had moved out several weeks ago and the person inside was cleaning the property.
The landlord said he went back to the property on 3 September 2025 and provided photographs showing the tenant had not removed their refrigerator, television, electrical charging cables, a dressing table and stool, a table and chair, two chest of draws and the items previously listed as being stored in the shed.
The landlord seeks rent arrears to 3 September 2025 on the basis the tenant failed to return the keys and was using the property to store their possessions.
The tenant’s have previously disputed the landlord’s claim for rent arrears to 3 September 2025 saying they moved out prior to that date.
Having heard from the landlord and considering all of the evidence the Tribunal finds the tenancy ended on 22 August 2025 for the following reasons: a. There was no evidence the tenant was living at the property. b. The vast majority of the tenant’s possession had been removed by that date; and c. The property was being cleaned for the purposes of returning it to the landlord. While the tenants failed to remove all of their possession from the property by 3 September 2025, the landlord could have exercised their rights under sections 62, 62A or 62B of the Act, which they did not do.
The tenant, in their e-mail to the landlord dated 21 November 2025 has previously acknowledged rent arrears totalling $18,067.87. This e-mail appears to indicate the tenants believe they were only liable for rent to 27 July 2025.
The Tribunal has found the tenancy ended on 22 August 2025. A rent summary has been provided. Having heard from the landlord and considering all of the evidence the Tribunal finds rent arrears in the amount of $21,514.29 owing, and this amount is ordered. Other matters
The bond is refunded to the landlord.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Under section 95A of the Act, a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so. The landlord has been wholly successful and is granted name suppression.

Claims and awards in Tenancy Tribunal application 5350801 — net $17,142.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 22 August 2025	$21,514.29	Rent arrears (to 22 August 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$17,142.29
Total payable by Tenant to Landlord	$17,142.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jade Stack and Bradley Hollier must pay [The landlord/s] $17,142.29 immediately, being rent arrears to 22 August 2025.
The Bond Centre is to pay the bond of $4,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

On 24 September 2025, the landlord filed an application seeking rent arrears, compensation for rubbish removal costs, and reimbursement of the filing fee following the end of the tenancy.
The matter was set down for hearing and adjourned at the request of the parties on 26 November 2025. The tenants had provided the landlord with a number of invoices for maintenance work they had completed at the property dating back to 2022. The tenants wanted the landlord to offset these costs against their outstanding rent arrears. The landlord wanted additional evidence of liability for these costs.
Today’s hearing proceeded by way of video conference.
The Tribunal was assisted by Ms Song, a Mandarin speaking interpreter.
[Property Manager], Property Manager, appeared for the landlord.
The tenants did not appear, and unsuccessful attempts were made to join them to the hearing by telephone. The Tribunal was satisfied the tenants were properly served with the notice of hearing and the case proceeded in their absence.
The landlord told the Tribunal the matter had not resolved as he had been unable to make contact with the tenants despite attempts on 30 November 2025, 6 January, and 20 January 2026.
At the hearing, the landlord confirmed their claim for rent arrears. The landlord withdrew their claim for compensation for rubbish removal costs and asked the Tribunal to refund the bond to offset the rent debt. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

How much is owed in rent arrears?

The landlord seeks rent arrears totalling $23,400.00 and provided a rent summary for the period 2 June 2025 to 3 September 2025.
The landlord told the Tribunal the tenants gave notice terminating their tenancy effective 29 June 2025. However, the tenants failed to vacate the property and told him that they “needed an extra few weeks.”
The landlord said that on 13 July 2025 he received a text message from the tenants saying they were “sorting out the rent today” and would be “out in the next few weeks”.
The landlord said he contacted the tenants to say the rent payments had not been received and asked them to confirm the last day of their tenancy. The tenants replied saying their final day in the property would be 21 July 2025.
The landlord said he went to the property on 21 July 2025 and could see the tenants furniture was still inside, and they had not moved out.
The landlord said he returned to the property on 25 July 2025 and again found the tenants possessions inside the property indicating they had not moved out.
The landlord said he sent a text message to the tenants on 29 July 2025 asking for the keys to be returned and to discuss a payment plan to clear the arrears. The landlord said the tenants did not respond to that message.
The landlord said he had a brief telephone conversation with the tenant on 30 July 2025, during which time the tenant stated they was busy moving out and would call him later. The call was not returned.
The landlord said he went to the property on 21 August and again on 22 August 2025 and provided photographs from those visits. The photographs from 21 August 2025 show items belonging to the tenant including a trailer, gas cutter and jack stand in the shed. Outdoor furniture and barbeque equipment on the deck. A van and a truck parked in the driveway. The photographs from 22 August 2025 show a van and a car parked in the driveway, and a person inside the house. The landlord said he telephoned the tenant who claimed they had moved out several weeks ago and the person inside was cleaning the property.
The landlord said he went back to the property on 3 September 2025 and provided photographs showing the tenant had not removed their refrigerator, television, electrical charging cables, a dressing table and stool, a table and chair, two chest of draws and the items previously listed as being stored in the shed.
The landlord seeks rent arrears to 3 September 2025 on the basis the tenant failed to return the keys and was using the property to store their possessions.
The tenant’s have previously disputed the landlord’s claim for rent arrears to 3 September 2025 saying they moved out prior to that date.
Having heard from the landlord and considering all of the evidence the Tribunal finds the tenancy ended on 22 August 2025 for the following reasons: a. There was no evidence the tenant was living at the property. b. The vast majority of the tenant’s possession had been removed by that date; and c. The property was being cleaned for the purposes of returning it to the landlord. While the tenants failed to remove all of their possession from the property by 3 September 2025, the landlord could have exercised their rights under sections 62, 62A or 62B of the Act, which they did not do.
The tenant, in their e-mail to the landlord dated 21 November 2025 has previously acknowledged rent arrears totalling $18,067.87. This e-mail appears to indicate the tenants believe they were only liable for rent to 27 July 2025.
The Tribunal has found the tenancy ended on 22 August 2025. A rent summary has been provided. Having heard from the landlord and considering all of the evidence the Tribunal finds rent arrears in the amount of $21,514.29 owing, and this amount is ordered. Other matters
The bond is refunded to the landlord.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Under section 95A of the Act, a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so. The landlord has been wholly successful and is granted name suppression.

Tenancy Tribunal case 5350801 — Rent arrears at 186 Boord Crescent, Kumeu, RD 1, Kumeu 0891

At a glance

Tenancy Tribunal case 5350801 — Rent arrears at 186 Boord Crescent, Kumeu, RD 1, Kumeu 0891

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions