What was Tenancy Tribunal case 5367104 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 5367104?

Advertising Costs: $281.75 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Power - To 31/10/15: $53.54 awarded to landlord; Rent Arrears: $2,657.14 awarded to landlord; Water Rates: $2.16 awarded to landlord

What type of tenancy dispute was case 5367104?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5367104?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12717984-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5367104 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 5367104?

Advertising Costs: $281.75 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Power - To 31/10/15: $53.54 awarded to landlord; Rent Arrears: $2,657.14 awarded to landlord; Water Rates: $2.16 awarded to landlord

What type of tenancy dispute was case 5367104?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5367104?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12717984-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5367104 — Rent arrears

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New Zealand Tenancy Tribunal Case 5367104 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5367104 — net $1,122.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 November 2025	$2,657.14	Rent arrears to 14 November 2025
Exemplary damages - Abandoned tenancy	$500.00	Exemplary damages - Abandoned tenancy
Water rates: to 29/10/25	$2.16	Water rates: to 29/10/25
Power - to 31/10/15	$53.54	Power - to 31/10/15
Advertising costs	$281.75	Advertising costs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,122.59
Total payable by Tenant to Landlord	$1,122.59

Claims and awards for application 5367104 — net $1,122.59 NZD. Verify on MoJ.

Rent arrears to 14 November 2025

Amount: $2,657.14
Awarded to: Landlord
Reason: Rent arrears to 14 November 2025

Exemplary damages - Abandoned tenancy

Amount: $500.00
Awarded to: Landlord
Reason: Exemplary damages - Abandoned tenancy

Water rates: to 29/10/25

Amount: $2.16
Awarded to: Landlord
Reason: Water rates: to 29/10/25

Power - to 31/10/15

Amount: $53.54
Awarded to: Landlord
Reason: Power - to 31/10/15

Advertising costs

Amount: $281.75
Awarded to: Landlord
Reason: Advertising costs

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Rent arrears Water Rates

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 Haipeng Su at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Haipeng Su must pay [The landlord/s] $1,122.59 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by video call.
The tenant did not connect to the MS Teams hearing link and was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
The tenancy is for a fixed-term with a contractual start date of 2 July 2025 and end date of 1 July 2026.
The landlord has applied for: a. Termination for abandonment, b. Exemplary damages, c. Rent arrears, d. Water rates, e. Power costs, f. Expenses for advertising, g. Reimbursement of the filing fee, h. Payment of the bond, and i. Name suppression

SHOULD THE TENANCY BE TERMINATED?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. 1 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.
On 15 October 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. In late September 2025 the tenant advised the landlord he would be returning to live in China. The landlord says he attempted to negotiate the conditions around the early termination of the fixed-term however the tenant declined all the conditions and no agreement was reached. The tenant ceased paying rent and has dis-engaged in communicating with the landlord. The landlord attended at the property on 15 October 2025 and did not enter the premises but from the window the landlord could see the tenant has removed all their belongings and left the keys on the table. The tenant failed to notify the landlord he was vacating the premises.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately. 1 See section 61 Residential Tenancies Act 1986.

SHOULD THE LANDLORD BE AWARDED EXEMPLARY DAMAGES?

The landlord claims exemplary damages for the tenant abandoning the premises.
As noted above, a tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00. 2
The tenant has committed an unlawful act by abandoning the premises when the rent is in arrears.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. 3
Exemplary damages are designed to punish and to deter. They are like a fine. In Auckland City Council v Blundell 4 the Court of Appeal said: “Exemplary and punitive [damages] are different words for the same thing. The damages are exemplary because they are meant to teach an example to the guilty officer and others. They are punitive because they are meant to punish. They are like a fine, though they go to the citizen who has been the victim of conduct.”
I consider the tenant has intentionally abandoned the premises as it appears this was done because the tenant is moving back to China. The tenant has not paid rent or attempted to negotiate the reduction of the fixed-term tenancy. The effect on the landlord is that the landlord has missed out on rent owing to them and now has take steps to relet the tenancy.
There is strong public interest in tenants’ abiding by their obligations. The Tribunal’s usual approach to exemplary damages is to award one third of the maximum unless there are aggravating or mitigating factors in play. 5 I consider a third of the maximum is just and I am ordering the tenant to pay the landlord $500.00 in exemplary damages

HOW MUCH IS OWED FOR RENT?

2 See section 61(5) and Schedule 1A Residential Tenancies Act 1986. 3 See section 109(3) Residential Tenancies Act 1986. 4 Auckland City Council v Blundell [1986] NZLR 732(Cooke P) 5 Wellington Property Management Ltd v Hardie [2022] NZTT 4399281 4374781.

In the case of a fixed-term tenancy a tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date: (i) the date of the expiry of the term; or (ii) the date of commencement of a new tenancy of the premises,— whichever is the earlier.
The landlord provided rent records which prove the amount owing to the 19 November 2025. I have made an order for rent arrears to be paid to the date of this order. The final amount of rent arrears the tenant is liable for will only be known when a new tenancy commences, or the fixed term expires. The landlord will need to file a further application when the final amount for rent arrears is known.

HOW MUCH IS OWED FOR WATER RATES?

The landlord amended the claim to include water rates which was submitted before the hearing. The landlord provided the final water rates invoice which proves the amount owning for the period 25 September 2025 – 29 October 2025 is $2.16 and this amount is ordered accordingly.

HOW MUCH IS OWED FOR POWER?

The landlord amended the claim to include the final power bill for the period 1 October 2025- 31 October 2025. The power statement was provided before the hearing which proves the amount owing by the tenant is $53.54 and this amount is ordered accordingly. COMPENSATION – ADVERTISING EXPENSES
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities under the RTA. Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
In Birch v Otautahi Community Housing Trust 6 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: • The nature of the breach; 6 Birch v Otautahi Community Housing Trust [2020] NZDC 17667 • The duration of the breach; and • The effect of the breach on the party.
The landlord has commenced advertising the property for rent and has incurred a cost of $281.75 from the myRent platform. This is a loss arising from the tenant’s breach of the fixed term tenancy and abandonment of the tenancy and I award the amount claimed in full. The landlord did not seek additional expenses of $1,150 as claimed in the application form.

FILING FEE

Because the landlord has succeeded with the claim I have reimbursed the filing fee.

BOND

The bond is to be paid to the landlord immediately to offset the rent arrears.

SUPPRESSION

The landlord sought name suppression and as the application is successful, I have made an order accordingly. 7

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5367104 — net $1,122.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 November 2025	$2,657.14	Rent arrears to 14 November 2025
Exemplary damages - Abandoned tenancy	$500.00	Exemplary damages - Abandoned tenancy
Water rates: to 29/10/25	$2.16	Water rates: to 29/10/25
Power - to 31/10/15	$53.54	Power - to 31/10/15
Advertising costs	$281.75	Advertising costs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,122.59
Total payable by Tenant to Landlord	$1,122.59

Claims and awards for application 5367104 — net $1,122.59 NZD. Verify on MoJ.

Rent arrears to 14 November 2025

Amount: $2,657.14
Awarded to: Landlord
Reason: Rent arrears to 14 November 2025

Exemplary damages - Abandoned tenancy

Amount: $500.00
Awarded to: Landlord
Reason: Exemplary damages - Abandoned tenancy

Water rates: to 29/10/25

Amount: $2.16
Awarded to: Landlord
Reason: Water rates: to 29/10/25

Power - to 31/10/15

Amount: $53.54
Awarded to: Landlord
Reason: Power - to 31/10/15

Advertising costs

Amount: $281.75
Awarded to: Landlord
Reason: Advertising costs

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Rent arrears Water Rates

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 Haipeng Su at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Haipeng Su must pay [The landlord/s] $1,122.59 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by video call.
The tenant did not connect to the MS Teams hearing link and was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
The tenancy is for a fixed-term with a contractual start date of 2 July 2025 and end date of 1 July 2026.
The landlord has applied for: a. Termination for abandonment, b. Exemplary damages, c. Rent arrears, d. Water rates, e. Power costs, f. Expenses for advertising, g. Reimbursement of the filing fee, h. Payment of the bond, and i. Name suppression

SHOULD THE TENANCY BE TERMINATED?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. 1 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.
On 15 October 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. In late September 2025 the tenant advised the landlord he would be returning to live in China. The landlord says he attempted to negotiate the conditions around the early termination of the fixed-term however the tenant declined all the conditions and no agreement was reached. The tenant ceased paying rent and has dis-engaged in communicating with the landlord. The landlord attended at the property on 15 October 2025 and did not enter the premises but from the window the landlord could see the tenant has removed all their belongings and left the keys on the table. The tenant failed to notify the landlord he was vacating the premises.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately. 1 See section 61 Residential Tenancies Act 1986.

SHOULD THE LANDLORD BE AWARDED EXEMPLARY DAMAGES?

The landlord claims exemplary damages for the tenant abandoning the premises.
As noted above, a tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00. 2
The tenant has committed an unlawful act by abandoning the premises when the rent is in arrears.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. 3
Exemplary damages are designed to punish and to deter. They are like a fine. In Auckland City Council v Blundell 4 the Court of Appeal said: “Exemplary and punitive [damages] are different words for the same thing. The damages are exemplary because they are meant to teach an example to the guilty officer and others. They are punitive because they are meant to punish. They are like a fine, though they go to the citizen who has been the victim of conduct.”
I consider the tenant has intentionally abandoned the premises as it appears this was done because the tenant is moving back to China. The tenant has not paid rent or attempted to negotiate the reduction of the fixed-term tenancy. The effect on the landlord is that the landlord has missed out on rent owing to them and now has take steps to relet the tenancy.
There is strong public interest in tenants’ abiding by their obligations. The Tribunal’s usual approach to exemplary damages is to award one third of the maximum unless there are aggravating or mitigating factors in play. 5 I consider a third of the maximum is just and I am ordering the tenant to pay the landlord $500.00 in exemplary damages

HOW MUCH IS OWED FOR RENT?

In the case of a fixed-term tenancy a tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date: (i) the date of the expiry of the term; or (ii) the date of commencement of a new tenancy of the premises,— whichever is the earlier.
The landlord provided rent records which prove the amount owing to the 19 November 2025. I have made an order for rent arrears to be paid to the date of this order. The final amount of rent arrears the tenant is liable for will only be known when a new tenancy commences, or the fixed term expires. The landlord will need to file a further application when the final amount for rent arrears is known.

HOW MUCH IS OWED FOR WATER RATES?

The landlord amended the claim to include water rates which was submitted before the hearing. The landlord provided the final water rates invoice which proves the amount owning for the period 25 September 2025 – 29 October 2025 is $2.16 and this amount is ordered accordingly.

HOW MUCH IS OWED FOR POWER?

The landlord amended the claim to include the final power bill for the period 1 October 2025- 31 October 2025. The power statement was provided before the hearing which proves the amount owing by the tenant is $53.54 and this amount is ordered accordingly. COMPENSATION – ADVERTISING EXPENSES
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities under the RTA. Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
In Birch v Otautahi Community Housing Trust 6 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: • The nature of the breach; 6 Birch v Otautahi Community Housing Trust [2020] NZDC 17667 • The duration of the breach; and • The effect of the breach on the party.
The landlord has commenced advertising the property for rent and has incurred a cost of $281.75 from the myRent platform. This is a loss arising from the tenant’s breach of the fixed term tenancy and abandonment of the tenancy and I award the amount claimed in full. The landlord did not seek additional expenses of $1,150 as claimed in the application form.

FILING FEE

Because the landlord has succeeded with the claim I have reimbursed the filing fee.

BOND

The bond is to be paid to the landlord immediately to offset the rent arrears.

SUPPRESSION

The landlord sought name suppression and as the application is successful, I have made an order accordingly. 7

Tenancy Tribunal case 5367104 — Rent arrears

At a glance

Tenancy Tribunal case 5367104 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

SHOULD THE TENANCY BE TERMINATED?

SHOULD THE LANDLORD BE AWARDED EXEMPLARY DAMAGES?

HOW MUCH IS OWED FOR RENT?

HOW MUCH IS OWED FOR WATER RATES?

HOW MUCH IS OWED FOR POWER?

FILING FEE

BOND

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

SHOULD THE TENANCY BE TERMINATED?

SHOULD THE LANDLORD BE AWARDED EXEMPLARY DAMAGES?

HOW MUCH IS OWED FOR RENT?

HOW MUCH IS OWED FOR WATER RATES?

HOW MUCH IS OWED FOR POWER?

FILING FEE

BOND

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions