What was Tenancy Tribunal case 5366702 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 5366702?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,428.58 awarded to landlord

What type of tenancy dispute was case 5366702?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5366702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12676122-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5366702 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 5366702?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,428.58 awarded to landlord

What type of tenancy dispute was case 5366702?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5366702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12676122-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5366702 — Rent arrears

Claims and awards in Tenancy Tribunal application 5366702 — net $256.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 6 November 2025	$3,428.58	Rent arrears (to 6 November 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$256.58
Total payable by Tenant to Landlord	$256.58

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 Bao Vu TRUONG at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Bao Vu TRUONG must pay [The landlord/s] $256.58 immediately, calculated as shown in the table below:

Reasons

On 15 October 2025 the landlord applied for termination of the tenancy under the expedited abandonment process. The application was not granted, and the matter was set down for a full hearing.
The hearing proceeded by way of telephone conference. [Property Manager] and [Property Manager], Property Managers, appeared for the landlord.
Unsuccessful attempts were made to join the tenant to the hearing by telephone. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence.
At the hearing the landlord confirmed their claims. The landlord seeks termination of the tenancy for abandonment, rent arrears and refund of the bond. 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.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears at the hearing date. See section 61 of the Act. 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 landlord provided the Tribunal with an e-mail exchange between themselves, and the tenant dated 13 October 2025. In that exchange the tenant tells the landlord they need to move out and asks to break the lease early, due to safety issues at the property. The tenant also states they had already moved out, could not afford the rent and waived their right to the bond.
The landlord’s position, as evidenced by this e-mail exchange, was that the tenant would remain liable for the rent until such time a new tenant could be found to take over the lease.
The landlord told the Tribunal that when they visited the property on 15 October 2025, they found it empty and damaged. They also told the Tribunal that the tenant has failed to engage with them since 13 October 2025 despite their repeated requests for contact to discuss the property.
The Tribunal finds that on 15 October 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises for the following reasons: a. The landlord discovered the property was empty and damaged on 15 October 2025. b. The tenant has not engaged with the landlord since 13 October 2025. c. The tenant has stopped paying rent.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount owing at the date of hearing totalled $ 3,428.58. The amount ordered includes rent in lieu of notice. Costs
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression
The landlord seeks name suppression. 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.
In this case the landlord has been wholly successful and is granted name suppression.

Claims and awards in Tenancy Tribunal application 5366702 — net $256.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 6 November 2025	$3,428.58	Rent arrears (to 6 November 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$256.58
Total payable by Tenant to Landlord	$256.58

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 Bao Vu TRUONG at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Bao Vu TRUONG must pay [The landlord/s] $256.58 immediately, calculated as shown in the table below:

Reasons

On 15 October 2025 the landlord applied for termination of the tenancy under the expedited abandonment process. The application was not granted, and the matter was set down for a full hearing.
The hearing proceeded by way of telephone conference. [Property Manager] and [Property Manager], Property Managers, appeared for the landlord.
Unsuccessful attempts were made to join the tenant to the hearing by telephone. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence.
At the hearing the landlord confirmed their claims. The landlord seeks termination of the tenancy for abandonment, rent arrears and refund of the bond. 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.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears at the hearing date. See section 61 of the Act. 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 landlord provided the Tribunal with an e-mail exchange between themselves, and the tenant dated 13 October 2025. In that exchange the tenant tells the landlord they need to move out and asks to break the lease early, due to safety issues at the property. The tenant also states they had already moved out, could not afford the rent and waived their right to the bond.
The landlord’s position, as evidenced by this e-mail exchange, was that the tenant would remain liable for the rent until such time a new tenant could be found to take over the lease.
The landlord told the Tribunal that when they visited the property on 15 October 2025, they found it empty and damaged. They also told the Tribunal that the tenant has failed to engage with them since 13 October 2025 despite their repeated requests for contact to discuss the property.
The Tribunal finds that on 15 October 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises for the following reasons: a. The landlord discovered the property was empty and damaged on 15 October 2025. b. The tenant has not engaged with the landlord since 13 October 2025. c. The tenant has stopped paying rent.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount owing at the date of hearing totalled $ 3,428.58. The amount ordered includes rent in lieu of notice. Costs
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression
The landlord seeks name suppression. 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.
In this case the landlord has been wholly successful and is granted name suppression.

Tenancy Tribunal case 5366702 — Rent arrears

At a glance

Tenancy Tribunal case 5366702 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions