How much money was awarded in case 5370164?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,142.86 awarded to landlord

What type of tenancy dispute was case 5370164?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5370164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13067321-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5370164?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,142.86 awarded to landlord

What type of tenancy dispute was case 5370164?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5370164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13067321-Tribunal_Order_Redacted.pdf.

93 Aviemore Drive, Highland Park, Auckland 2010 Tenancy Tribunal Case 5370164 — Rent arrears

Q: What was Tenancy Tribunal case 5370164 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5370164 — net $1,170.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 October 2025	$1,142.86	Rent arrears to 5 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,170.86
Total payable by Tenant to Landlord	$1,170.86

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of Fangzhou ZHOU at 93 Aviemore Drive, Highland Park, Auckland 2010 is terminated, and possession is granted to [The landlord/s], immediately.

Fangzhou ZHOU must pay [The landlord/s] $1,170.86 immediately, being rent arrears to 5 October 2025.

Reasons

The landlord attended the hearing by telephone. Two attempts were made to join the tenant to the hearing by telephone, but the calls were not answered.

The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.

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. See section 61 Residential Tenancies Act 1986. 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 1 September 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.

The landlord said that he last communicated with the tenant in August 2025. He said that a 14-day notice was served on the tenant on 5 August 2025 but there was no further communication after that from the tenant.

The landlord said that he went to the premises on 1 September 2025, and no one was there. The landlord took a photograph which was produced but nothing is clear from the photograph.

The landlord said that calls and messages to the tenant was not answered. When asked if he thought the tenant had abandoned the premises, he said he was not sure and that he could not go inside. The landlord attended the premises on at least two further occaisons, being 19 December 2025 and 20 January 2026.

Section 48(2A) of the Residential Tenancies Act 1986 provides that subsection (2B) applies if there is rent that is at least 14 days in arrear and the landlord has reasonable cause to believe that the tenant has abandoned the premises.

Section 48(2B) provides that the landlord may enter the premises for the purpose of confirming whether the tenant has abandoned the premises at any time specified in a notice given to the tenant not less than 24 hours before the intended entry.

The landlord did not give notice to enter and did not make any further enquires. There were arrears of more than 14 days at the beginning of September 2025 and after being at the premises on 1 September 2025 I consider it reasonable that the landlord should suspect that the tenant has abandoned the premises.

There was a hearing allocated for December 2025, but the landlord sought adjournment as the property managers were on holiday. In the meantime, the rent arrears have continued to increase five months after the landlord visited the property.

By not applying for termination due to abandonment (including expediated abandonment 1 ) or entering the premises to make enquiries (after giving appropriate notice) the landlord has failed to mitigate the tenant’s loss as is required by section 49 of the Residential Tenancies Act 1986.

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 rent award is in accordance with section 61(3)(b) of the Residential Tenancies Act 1986 which provides that where a property is abandoned, with a fixed term tenancy, the tenant is liable for rent to the end of the fixed term or the date of a new tenancy, whichever is the earlier.

As the tenancy was for a fixed term due to end on 5 October 2025, I award rent arrears to that date.

Even though the tenancy agreement provides for a bond, the evidence of the landlord is that no bond was paid. As the tenant did not attend the hearing there was no way to confirm this evidence.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed.

Claims and awards in Tenancy Tribunal application 5370164 — net $1,170.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 October 2025	$1,142.86	Rent arrears to 5 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,170.86
Total payable by Tenant to Landlord	$1,170.86

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Fangzhou ZHOU at 93 Aviemore Drive, Highland Park, Auckland 2010 is terminated, and possession is granted to [The landlord/s], immediately.
Fangzhou ZHOU must pay [The landlord/s] $1,170.86 immediately, being rent arrears to 5 October 2025.

Reasons

The landlord attended the hearing by telephone. Two attempts were made to join the tenant to the hearing by telephone, but the calls were not answered.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.

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. See section 61 Residential Tenancies Act 1986. 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 1 September 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
The landlord said that he last communicated with the tenant in August 2025. He said that a 14-day notice was served on the tenant on 5 August 2025 but there was no further communication after that from the tenant.
The landlord said that he went to the premises on 1 September 2025, and no one was there. The landlord took a photograph which was produced but nothing is clear from the photograph.
The landlord said that calls and messages to the tenant was not answered. When asked if he thought the tenant had abandoned the premises, he said he was not sure and that he could not go inside. The landlord attended the premises on at least two further occaisons, being 19 December 2025 and 20 January 2026.
Section 48(2A) of the Residential Tenancies Act 1986 provides that subsection (2B) applies if there is rent that is at least 14 days in arrear and the landlord has reasonable cause to believe that the tenant has abandoned the premises.
Section 48(2B) provides that the landlord may enter the premises for the purpose of confirming whether the tenant has abandoned the premises at any time specified in a notice given to the tenant not less than 24 hours before the intended entry.
The landlord did not give notice to enter and did not make any further enquires. There were arrears of more than 14 days at the beginning of September 2025 and after being at the premises on 1 September 2025 I consider it reasonable that the landlord should suspect that the tenant has abandoned the premises.
There was a hearing allocated for December 2025, but the landlord sought adjournment as the property managers were on holiday. In the meantime, the rent arrears have continued to increase five months after the landlord visited the property.
By not applying for termination due to abandonment (including expediated abandonment 1 ) or entering the premises to make enquiries (after giving appropriate notice) the landlord has failed to mitigate the tenant’s loss as is required by section 49 of the Residential Tenancies Act 1986.
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 rent award is in accordance with section 61(3)(b) of the Residential Tenancies Act 1986 which provides that where a property is abandoned, with a fixed term tenancy, the tenant is liable for rent to the end of the fixed term or the date of a new tenancy, whichever is the earlier.
As the tenancy was for a fixed term due to end on 5 October 2025, I award rent arrears to that date.
Even though the tenancy agreement provides for a bond, the evidence of the landlord is that no bond was paid. As the tenant did not attend the hearing there was no way to confirm this evidence.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed.

Tenancy Tribunal case 5370164 — Rent arrears at 93 Aviemore Drive, Highland Park, Auckland 2010

At a glance

Tenancy Tribunal case 5370164 — Rent arrears at 93 Aviemore Drive, Highland Park, Auckland 2010

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