What was Tenancy Tribunal case 5373221 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5373221?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5373221?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5373221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13681391-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5373221 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5373221?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5373221?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5373221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13681391-Tribunal_Order.pdf.

49H Cameron Road, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 5373221 — Rent arrears

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $2,303.86 immediately, being rent arrears to 26 May 2025.

Reasons

Both parties attended the rehearing before me on 27 May 2026. The tenant attended by teleconference from a correctional facility.
On 10 March 2026, Adjudicator M Brennan granted a rehearing of the landlord’s application for rent arrears only.
Formal possession of the premises had been granted to the landlord on 3 December 2025 after the 28 November 2025 hearing before Adjudicator Brennan.
The landlord has applied for rent arrears until 3 December 2025, contending that the tenant had been obstructive in returning possession of the property to the social housing landlord despite being incarcerated at the material time.
While the exact period of the tenant’s incarceration is unclear, the testimony from the prison guard reading the tenant’s record of incarceration indicates that the tenant had already been in prison (and not residing at the tenanted premises) since April 2025.
The month of April 2025 is significant in the context of the landlord’s claim for rent arrears because the last time rent had been paid by way of WINZ redirection to the landlord was 24 April 2025.
In this context, I reject the tenant’s contention that because he was in prison since April “2024”, he should not have to pay any arrears. There was no evidence or material being provided to show that he has given notice of termination of the tenancy to the landlord at the material time in April 2025, or prior, or any evidence showing that he had returned possession of the premises to the landlord in April 2024.
In fact, rent continued to be paid to the landlord, through redirection of the tenant’s benefit by WINZ. It seems likely to me that the tenant is mistaken as to the year of his incarceration which is in April 2025, rather than April 2024 as contended.
Be that as it may, no rent had been paid since 24 April 2025. The last date of WINZ payment to the landlord for the rent was 24 April 2025.
No rent was paid for the 8 to 21 April 2025 period.
As of 6 May 2025, the rent was 21 days in arrears.
The landlord’s inspection of the property on 23 May 2025 recorded that the landlord’s housing support managers “Sonnya” and Eve M had engaged locksmiths to gain access before confirming that no one had been living in the property which is “95% empty with a few small belongings of no value at the property”. The landlord found the “property in worn condition [which] seems like [the tenant] had left in a hurry.”
The landlord began “non-occupation process” which required the tenant to return to the premises within 14 days.
However, the tenant was clearly unable to return to the property as he was incarcerated at the time.
No efforts were taken by the landlord to apply to the Tribunal for rent arrears and possession on grounds of abandonment until much later, on 23 October 2025 through this Tribunal application now subject to a rehearing before me.
This application was made following another inspection by the landlord on 21 October 2025 where the landlord’s inspectors confirmed and concluded that “the property was abandoned in April 2025 with just rubbish left”.
From the above facts, it is clear that the social housing landlord ought to have taken steps to retake possession of the premises soon after April 2025, and at the latest, on 6 May 2025 when rent was 21 days in arrears and the landlord’s own inspectors later confirming on 23 May 2025 that no one had been living in the property since April 2025.
I consider that had the landlord applied to the Tribunal under section 55 Residential Tenancies Act 1986 or on grounds of abandonment in early May 2025, the tenancy would have likely ended by order of the Tribunal by 26 May 2025 and possession returning to the landlord on or before that date.
The landlord had to duty to mitigate their loss and attempt to recover possession of the premises much sooner than October 2025, in particular after their own inspectors have already concluded in May 2025 that the premises had been abandoned since April 2025 and the rent at the time was well over 3 weeks in arrears in early May.
For those reasons, I consider it just and appropriate that the landlord’s claim for rent arrears is limited to 26 May 2025.
Only the claim for rent arrears to 26 May 2025 totalling $2,303.86 is proved.
I decline to award any further rent arrears in favour of the landlord beyond that date.

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $2,303.86 immediately, being rent arrears to 26 May 2025.

Reasons

Both parties attended the rehearing before me on 27 May 2026. The tenant attended by teleconference from a correctional facility.
On 10 March 2026, Adjudicator M Brennan granted a rehearing of the landlord’s application for rent arrears only.
Formal possession of the premises had been granted to the landlord on 3 December 2025 after the 28 November 2025 hearing before Adjudicator Brennan.
The landlord has applied for rent arrears until 3 December 2025, contending that the tenant had been obstructive in returning possession of the property to the social housing landlord despite being incarcerated at the material time.
While the exact period of the tenant’s incarceration is unclear, the testimony from the prison guard reading the tenant’s record of incarceration indicates that the tenant had already been in prison (and not residing at the tenanted premises) since April 2025.
The month of April 2025 is significant in the context of the landlord’s claim for rent arrears because the last time rent had been paid by way of WINZ redirection to the landlord was 24 April 2025.
In this context, I reject the tenant’s contention that because he was in prison since April “2024”, he should not have to pay any arrears. There was no evidence or material being provided to show that he has given notice of termination of the tenancy to the landlord at the material time in April 2025, or prior, or any evidence showing that he had returned possession of the premises to the landlord in April 2024.
In fact, rent continued to be paid to the landlord, through redirection of the tenant’s benefit by WINZ. It seems likely to me that the tenant is mistaken as to the year of his incarceration which is in April 2025, rather than April 2024 as contended.
Be that as it may, no rent had been paid since 24 April 2025. The last date of WINZ payment to the landlord for the rent was 24 April 2025.
No rent was paid for the 8 to 21 April 2025 period.
As of 6 May 2025, the rent was 21 days in arrears.
The landlord’s inspection of the property on 23 May 2025 recorded that the landlord’s housing support managers “Sonnya” and Eve M had engaged locksmiths to gain access before confirming that no one had been living in the property which is “95% empty with a few small belongings of no value at the property”. The landlord found the “property in worn condition [which] seems like [the tenant] had left in a hurry.”
The landlord began “non-occupation process” which required the tenant to return to the premises within 14 days.
However, the tenant was clearly unable to return to the property as he was incarcerated at the time.
No efforts were taken by the landlord to apply to the Tribunal for rent arrears and possession on grounds of abandonment until much later, on 23 October 2025 through this Tribunal application now subject to a rehearing before me.
This application was made following another inspection by the landlord on 21 October 2025 where the landlord’s inspectors confirmed and concluded that “the property was abandoned in April 2025 with just rubbish left”.
From the above facts, it is clear that the social housing landlord ought to have taken steps to retake possession of the premises soon after April 2025, and at the latest, on 6 May 2025 when rent was 21 days in arrears and the landlord’s own inspectors later confirming on 23 May 2025 that no one had been living in the property since April 2025.
I consider that had the landlord applied to the Tribunal under section 55 Residential Tenancies Act 1986 or on grounds of abandonment in early May 2025, the tenancy would have likely ended by order of the Tribunal by 26 May 2025 and possession returning to the landlord on or before that date.
The landlord had to duty to mitigate their loss and attempt to recover possession of the premises much sooner than October 2025, in particular after their own inspectors have already concluded in May 2025 that the premises had been abandoned since April 2025 and the rent at the time was well over 3 weeks in arrears in early May.
For those reasons, I consider it just and appropriate that the landlord’s claim for rent arrears is limited to 26 May 2025.
Only the claim for rent arrears to 26 May 2025 totalling $2,303.86 is proved.
I decline to award any further rent arrears in favour of the landlord beyond that date.

Tenancy Tribunal case 5373221 — Rent arrears at 49H Cameron Road, Hamilton East, Hamilton 3216

At a glance

Claims & awards

Tenancy Tribunal case 5373221 — Rent arrears at 49H Cameron Road, Hamilton East, Hamilton 3216

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions