What was Tenancy Tribunal case 5353322 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 5353322?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,828.57 awarded to landlord

What type of tenancy dispute was case 5353322?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5353322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12559667-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5353322 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 5353322?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,828.57 awarded to landlord

What type of tenancy dispute was case 5353322?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5353322?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12559667-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5353322 — Rent arrears

Claims and awards in Tenancy Tribunal application 5353322 — net $1,856.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 September 2025	$1,828.57	Rent arrears to 29 September 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,856.57
Total payable by Tenant to Landlord	$1,856.57

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details
Alexandra Day to pay [The landlord/s] $1,856.57 from the bond, calculated as shown in table below.
The Bond Centre is to pay $1,856.57 from the bond of $2,560.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond of $703.43 is to remain at the Bond Centre.
The landlord’s claim for exemplary damages for quiet enjoyment of neighbours, making minor changes without permission, drug sales, unauthorised people being at the property and rent arrears is dismissed.
The landlord’s application for termination and possession is dismissed.
The landlord may file a further application for compensation claims for damage at the premises following the end of the tenancy.

Reasons

Only the landlord attended the hearing. I am satisfied the tenant has been served and so the hearing proceeded in the tenant’s absence. The application
The application was made while the tenancy was current. The landlord applied in its application form for termination of the tenancy based on a 14 day notice, possession based on a notice to end the tenancy, rent arrears, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. There was also an unspecified reference to fixing damage and the tenant being told to remedy this. Termination and possession
At the hearing, the landlord advised that they had already regained possession of the premises, as the tenant had vacated the property after the application was filed. The landlord is therefore no longer seeking termination and possession.
This part of the application is therefore dismissed.
I expressed concerns to the landlord regarding the validity of the 14-day notices that had been filed in support of the application, particularly in relation to content and the specified timeframes. However, as the tenancy has concluded and possession has been regained, it is unnecessary to make a determination on this issue. Claims for compensation for damage
The landlord indicated at the hearing that it wanted to seek compensation for remedial work arising from damage allegedly caused by the tenant following the end of the tenancy. However, no details of this claim were included in the application and no supporting documents were filed in advance either. The compensation section of the application headed “Compensation of damage to the property” is wholly blank with no detail or figures.
This means that the tenant has not received adequate notice of this part of the application, and it cannot be considered today (see s 91, Residential Tenancies Act 1986 (RTA)).
The landlord will need to file a new application to deal with compensation for claims for vacated damage so that the tenant has adequate notice of these claims and so time at the Tribunal can be scheduled appropriately.
The compensation that the landlord seeks will need to be fully specified (sum sought and nature of damage remedied) in any such future application. Exemplary damages
The landlord’s application included claims for exemplary damages for quiet enjoyment of neighbours, making minor changes without permission, drug sales, unauthorised people being at the property and rent arrears.
After explaining the difference between exemplary damages and compensation, the landlord remained uncertain whether a claim was being pursued for exemplary damages and a short adjournment was given for a discussion to take place by telephone so that clarity could be sought from a colleague.
After the short adjournment it was confirmed that exemplary damages were not being claimed as part of the application.
It was confirmed that the landlord only sought rent arrears and the filing fee and the application of the bond to that sum (as well as compensation for damage that, as set out above, would need to be heard at a later date).
The claims for exemplary damages are therefore dismissed.

How much is owed for rent?

This tenancy had an unorthodox end which appears not to follow any procedure as provided for in the RTA.
The landlord appears to have chosen to carve its own path to bring this tenancy to an end by telling tenant in a notice dated 15 September 2025 that she had 14 days from the notice, to surrender the tenancy and return the keys or an application would be made to the Tribunal for immediate eviction. The period given fell short of 14 days (but nothing turns on this). This notice was given following an event that the landlord said took place at the property.
The tenant had previously told the landlord earlier in August 2025 that she was looking for a different place but had not given notice.
On 29 September 2025, to see whether the tenant had moved out of the property in accordance with its “14-day” notice, the landlord visited the premises and observed that the tenant was in the process of leaving – a trailer was still there and some things remained in the dishwasher.
I heard how, when the landlord returned again, on 30 September 2025, those items had gone. I heard how the landlord considered that they took possession on this date.
I consider that the last day of the tenancy was 29 September 2025. There is no evidence that the tenant was in possession of the property after that date. I therefore award arrears to that date.
The landlord provided rent records which prove the amount owing at the end of the tenancy. Suppression and filing fee
Because the landlord has been substantially successful, I have reimbursed the filing fee (s102 RTA).
The landlord seeks suppression. I award the landlord this because the landlord has been substantially successful having been awarded most of the rent arrears sought which was the part of the claim that was ultimately pursued.
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 5353322 — net $1,856.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 September 2025	$1,828.57	Rent arrears to 29 September 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,856.57
Total payable by Tenant to Landlord	$1,856.57

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details
Alexandra Day to pay [The landlord/s] $1,856.57 from the bond, calculated as shown in table below.
The Bond Centre is to pay $1,856.57 from the bond of $2,560.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond of $703.43 is to remain at the Bond Centre.
The landlord’s claim for exemplary damages for quiet enjoyment of neighbours, making minor changes without permission, drug sales, unauthorised people being at the property and rent arrears is dismissed.
The landlord’s application for termination and possession is dismissed.
The landlord may file a further application for compensation claims for damage at the premises following the end of the tenancy.

Reasons

Only the landlord attended the hearing. I am satisfied the tenant has been served and so the hearing proceeded in the tenant’s absence. The application
The application was made while the tenancy was current. The landlord applied in its application form for termination of the tenancy based on a 14 day notice, possession based on a notice to end the tenancy, rent arrears, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. There was also an unspecified reference to fixing damage and the tenant being told to remedy this. Termination and possession
At the hearing, the landlord advised that they had already regained possession of the premises, as the tenant had vacated the property after the application was filed. The landlord is therefore no longer seeking termination and possession.
This part of the application is therefore dismissed.
I expressed concerns to the landlord regarding the validity of the 14-day notices that had been filed in support of the application, particularly in relation to content and the specified timeframes. However, as the tenancy has concluded and possession has been regained, it is unnecessary to make a determination on this issue. Claims for compensation for damage
The landlord indicated at the hearing that it wanted to seek compensation for remedial work arising from damage allegedly caused by the tenant following the end of the tenancy. However, no details of this claim were included in the application and no supporting documents were filed in advance either. The compensation section of the application headed “Compensation of damage to the property” is wholly blank with no detail or figures.
This means that the tenant has not received adequate notice of this part of the application, and it cannot be considered today (see s 91, Residential Tenancies Act 1986 (RTA)).
The landlord will need to file a new application to deal with compensation for claims for vacated damage so that the tenant has adequate notice of these claims and so time at the Tribunal can be scheduled appropriately.
The compensation that the landlord seeks will need to be fully specified (sum sought and nature of damage remedied) in any such future application. Exemplary damages
The landlord’s application included claims for exemplary damages for quiet enjoyment of neighbours, making minor changes without permission, drug sales, unauthorised people being at the property and rent arrears.
After explaining the difference between exemplary damages and compensation, the landlord remained uncertain whether a claim was being pursued for exemplary damages and a short adjournment was given for a discussion to take place by telephone so that clarity could be sought from a colleague.
After the short adjournment it was confirmed that exemplary damages were not being claimed as part of the application.
It was confirmed that the landlord only sought rent arrears and the filing fee and the application of the bond to that sum (as well as compensation for damage that, as set out above, would need to be heard at a later date).
The claims for exemplary damages are therefore dismissed.

How much is owed for rent?

This tenancy had an unorthodox end which appears not to follow any procedure as provided for in the RTA.
The landlord appears to have chosen to carve its own path to bring this tenancy to an end by telling tenant in a notice dated 15 September 2025 that she had 14 days from the notice, to surrender the tenancy and return the keys or an application would be made to the Tribunal for immediate eviction. The period given fell short of 14 days (but nothing turns on this). This notice was given following an event that the landlord said took place at the property.
The tenant had previously told the landlord earlier in August 2025 that she was looking for a different place but had not given notice.
On 29 September 2025, to see whether the tenant had moved out of the property in accordance with its “14-day” notice, the landlord visited the premises and observed that the tenant was in the process of leaving – a trailer was still there and some things remained in the dishwasher.
I heard how, when the landlord returned again, on 30 September 2025, those items had gone. I heard how the landlord considered that they took possession on this date.
I consider that the last day of the tenancy was 29 September 2025. There is no evidence that the tenant was in possession of the property after that date. I therefore award arrears to that date.
The landlord provided rent records which prove the amount owing at the end of the tenancy. Suppression and filing fee
Because the landlord has been substantially successful, I have reimbursed the filing fee (s102 RTA).
The landlord seeks suppression. I award the landlord this because the landlord has been substantially successful having been awarded most of the rent arrears sought which was the part of the claim that was ultimately pursued.
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 5353322 — Rent arrears

At a glance

Tenancy Tribunal case 5353322 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions