What was Tenancy Tribunal case 5357269 about?

The tribunal order states: The Tribunal orders interim suppression of the parties’ names and identifying

How much money was awarded in case 5357269?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5357269?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5357269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12599027-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5357269 about?

The tribunal order states: The Tribunal orders interim suppression of the parties’ names and identifying

How much money was awarded in case 5357269?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5357269?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5357269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12599027-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5357269 — Rent arrears

Order

The Tribunal orders interim suppression of the parties’ names and identifying details and the tenancy address until further order.
The hearing is adjourned.
A further 60 minutes should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.
The landlord’s application for abandonment is dismissed.
It is declared that in accordance with section 50A(1)(a) Residential Tenancies Act 1986 that the tenancy of [The tenant/s] terminates at 11.59pm on Tuesday 21 October 2025.

Reasons

Only the landlord attended the hearing which took place by telephone.
No one from the tenant’s estate attended the hearing as there was no reply when telephone numbers provided were called. However, the application has been served on an email address of the tenant’s son (which has been used to serve a copy of a death certificate on the landlord) and there is a note on file to show that the application was received (albeit that in that call liability was denied).
I therefore consider that the tenant’s estate has had notice of this hearing and therefore the hearing proceeded in any event.
I also note that had an order been necessary under section 50A(1)(d) Residential Tenancies Act 1986 (RTA) (see below) no notice is necessary.
The landlord applied to terminate the tenancy on the basis of abandonment. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 RTA.
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.
I heard how the tenant has passed away. On 30 September 2025 the landlord was emailed a death certificate for the tenant from the tenant’s son. I was provided with a copy of the email and, although the death certificate is hard to read, the tenant’s name can be seen on it.
I am not satisfied that the death of a tenant amounts to a tenant abandoning the premises. The application to terminate the tenancy on the grounds of abandonment is misplaced. The application is dismissed.
I heard from the landlord that although originally there was a second tenant (which was the tenant’s partner) that tenant left the tenancy in 2022 after the relationship ended. I heard how this was discussed between the landlord and [The tenant/s] at the time. An email from the tenant who had left was provided to the Tribunal setting out that he had left the tenancy in March 2022. The landlord agrees with that.
I am therefore satisfied therefore that at the time of [The tenant/s]’s death she was a sole tenant.
Section 50A RTA provides a mechanism for the end of the tenancy in the event of the death of a sole tenant.
It provides that when a sole tenant passes away, their tenancy agreement ends on the earliest of several possible dates.
Section 50A(1)(a) provides that it may terminate 21 days after the landlord receives written notice of the tenant’s death from either the tenant’s personal representative or next of kin. Alternatively, it may end 21 days after the landlord gives written notice to the personal representative or next of kin to vacate the property (s 50A(1)(b)). The tenancy can also end on a date that both parties agree to in writing (s 50A(1)(c)). If none of these options are possible, such as when the landlord cannot contact the tenant’s representative or next of kin, the landlord may apply without notice to the Tenancy Tribunal for an order to terminate the tenancy (s 50A(1)(d)).
I am satisfied that the tenant’s son sent an email to the landlord providing the death certificate on 30 September 2025. I am satisfied that the son is likely to be the tenant’s next of kin – he provided the death certificate and contacted the landlord about her death and he has a very close family tie to the tenant.
I find therefore that the tenant’s next of kin has provided notice of the tenant’s death in writing and therefore the tenancy will terminate 21 days after the notice was given. That is 21 October 2025.
If that is wrong and the son is not the next of kin, this would mean that the landlord could apply without notice for an order to terminate the tenancy under 50A(1)(d) RTA. If it were necessary to make such an order today, I would find that the tenancy ends on the date of the hearing - which is also 21 October 2025.
I have made a declaration setting out the end of the tenancy on 21 October 2025 so that the parties have clarity.
The landlord wants to claim rent arrears but does not have a full rent arrears schedule.
I have adjourned that part of the hearing so the landlord can provide this information. This should be provided in the format of the spreadsheet that is available on the Tenancy Services webpage from the start of the tenancy.
The landlord should also provide the tenancy agreement to evidence the start date of the tenancy.
The parties will be contacted by Tenancy Services who will advise them of the date and time of the next hearing.
I have awarded name suppression to the parties on an interim basis as the matter is not yet finalised.

Order

The Tribunal orders interim suppression of the parties’ names and identifying details and the tenancy address until further order.
The hearing is adjourned.
A further 60 minutes should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.
The landlord’s application for abandonment is dismissed.
It is declared that in accordance with section 50A(1)(a) Residential Tenancies Act 1986 that the tenancy of [The tenant/s] terminates at 11.59pm on Tuesday 21 October 2025.

Reasons

Only the landlord attended the hearing which took place by telephone.
No one from the tenant’s estate attended the hearing as there was no reply when telephone numbers provided were called. However, the application has been served on an email address of the tenant’s son (which has been used to serve a copy of a death certificate on the landlord) and there is a note on file to show that the application was received (albeit that in that call liability was denied).
I therefore consider that the tenant’s estate has had notice of this hearing and therefore the hearing proceeded in any event.
I also note that had an order been necessary under section 50A(1)(d) Residential Tenancies Act 1986 (RTA) (see below) no notice is necessary.
The landlord applied to terminate the tenancy on the basis of abandonment. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 RTA.
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.
I heard how the tenant has passed away. On 30 September 2025 the landlord was emailed a death certificate for the tenant from the tenant’s son. I was provided with a copy of the email and, although the death certificate is hard to read, the tenant’s name can be seen on it.
I am not satisfied that the death of a tenant amounts to a tenant abandoning the premises. The application to terminate the tenancy on the grounds of abandonment is misplaced. The application is dismissed.
I heard from the landlord that although originally there was a second tenant (which was the tenant’s partner) that tenant left the tenancy in 2022 after the relationship ended. I heard how this was discussed between the landlord and [The tenant/s] at the time. An email from the tenant who had left was provided to the Tribunal setting out that he had left the tenancy in March 2022. The landlord agrees with that.
I am therefore satisfied therefore that at the time of [The tenant/s]’s death she was a sole tenant.
Section 50A RTA provides a mechanism for the end of the tenancy in the event of the death of a sole tenant.
It provides that when a sole tenant passes away, their tenancy agreement ends on the earliest of several possible dates.
Section 50A(1)(a) provides that it may terminate 21 days after the landlord receives written notice of the tenant’s death from either the tenant’s personal representative or next of kin. Alternatively, it may end 21 days after the landlord gives written notice to the personal representative or next of kin to vacate the property (s 50A(1)(b)). The tenancy can also end on a date that both parties agree to in writing (s 50A(1)(c)). If none of these options are possible, such as when the landlord cannot contact the tenant’s representative or next of kin, the landlord may apply without notice to the Tenancy Tribunal for an order to terminate the tenancy (s 50A(1)(d)).
I am satisfied that the tenant’s son sent an email to the landlord providing the death certificate on 30 September 2025. I am satisfied that the son is likely to be the tenant’s next of kin – he provided the death certificate and contacted the landlord about her death and he has a very close family tie to the tenant.
I find therefore that the tenant’s next of kin has provided notice of the tenant’s death in writing and therefore the tenancy will terminate 21 days after the notice was given. That is 21 October 2025.
If that is wrong and the son is not the next of kin, this would mean that the landlord could apply without notice for an order to terminate the tenancy under 50A(1)(d) RTA. If it were necessary to make such an order today, I would find that the tenancy ends on the date of the hearing - which is also 21 October 2025.
I have made a declaration setting out the end of the tenancy on 21 October 2025 so that the parties have clarity.
The landlord wants to claim rent arrears but does not have a full rent arrears schedule.
I have adjourned that part of the hearing so the landlord can provide this information. This should be provided in the format of the spreadsheet that is available on the Tenancy Services webpage from the start of the tenancy.
The landlord should also provide the tenancy agreement to evidence the start date of the tenancy.
The parties will be contacted by Tenancy Services who will advise them of the date and time of the next hearing.
I have awarded name suppression to the parties on an interim basis as the matter is not yet finalised.

Tenancy Tribunal case 5357269 — Rent arrears

At a glance

Tenancy Tribunal case 5357269 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions