What was Tenancy Tribunal case 5373641 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 38C Philip Street, Tokoroa, Tokoroa 3420 is

How much money was awarded in case 5373641?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5373641?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5373641?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12793808-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5373641 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 38C Philip Street, Tokoroa, Tokoroa 3420 is

How much money was awarded in case 5373641?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5373641?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5373641?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12793808-Tenancy_Tribunal_Order.pdf.

38C Philip Street, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 5373641 — Rent arrears

Reasons

Ms Dickson represented the landlord at the hearing today which I conducted by phone. The tenant’s sister Ms Morunga also attended.

The landlord has applied for termination of the tenancy.

The tenant is listed as a missing person with the police. He has not been heard of for almost 2 months. He has a flatmate who remains living at the premises and there are no rent arrears.

There are none of the usual grounds for terminating a tenancy – rent arrears, breach, anti-social behaviour, or abandonment (with rent in arrears). However, both the landlord and the tenant’s family want the tenancy ended to protect the tenant’s position should he be found.

The landlord intends offering the tenant’s flatmate a tenancy so that person’s position is protected. Law

Section 85 of the Residential Tenancies Act 1986 (RTA) is important in this case so I will set it out in full: 85 Manner in which jurisdiction is to be exercised (1) Subject to the provisions of this Act and of any regulations made under this Act, the Tribunal shall exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises to which this Act applies. (2) The Tribunal shall determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.

The landlord and the tenant’s family (who have provided a letter) agree that the tenancy should end given the tenant’s disappearance. That will allow the release of the bond (the landlord and the family have agreed to facilitate that); a new tenancy to be offered to the tenant’s flatmate, currently in possession; and will release the tenant from any statutory responsibilities he has under the tenancy agreement and the RTA.

The Tribunal must be cautious when exercising its powers under section 85 RTA. That section does not allow the Tribunal to make any unlawful order. But this is a case where it can apply that section to end a tenancy that otherwise could not be ended yet.

It is in the overall interests of justice that the tenancy end in the difficult circumstances that have arisen. The tenant’s goods

The landlord and the tenant’s sister have agreed to deal with the removal and storage of the tenant’s goods. The police require some items to obtain a DNA sample. Filing fee reimbursement

Given that the tenant is listed as a missing person I make no order for reimbursement of the filing fee. I am confident that the landlord and the tenant’s family can sort out reimbursement of the fee ($28.00) as part of the bond refund.

Order

The tenancy of [The tenant/s] tenant/s] at 38C Philip Street, Tokoroa, Tokoroa 3420 is terminated, and possession is granted to Rent Assured Property Management Limited as agent for William Nokoia, at 3.00pm today 28 November 2025.

Reasons

Ms Dickson represented the landlord at the hearing today which I conducted by phone. The tenant’s sister Ms Morunga also attended.
The landlord has applied for termination of the tenancy.
The tenant is listed as a missing person with the police. He has not been heard of for almost 2 months. He has a flatmate who remains living at the premises and there are no rent arrears.
There are none of the usual grounds for terminating a tenancy – rent arrears, breach, anti-social behaviour, or abandonment (with rent in arrears). However, both the landlord and the tenant’s family want the tenancy ended to protect the tenant’s position should he be found.
The landlord intends offering the tenant’s flatmate a tenancy so that person’s position is protected. Law
Section 85 of the Residential Tenancies Act 1986 (RTA) is important in this case so I will set it out in full: 85 Manner in which jurisdiction is to be exercised (1) Subject to the provisions of this Act and of any regulations made under this Act, the Tribunal shall exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises to which this Act applies. (2) The Tribunal shall determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.
The landlord and the tenant’s family (who have provided a letter) agree that the tenancy should end given the tenant’s disappearance. That will allow the release of the bond (the landlord and the family have agreed to facilitate that); a new tenancy to be offered to the tenant’s flatmate, currently in possession; and will release the tenant from any statutory responsibilities he has under the tenancy agreement and the RTA.
The Tribunal must be cautious when exercising its powers under section 85 RTA. That section does not allow the Tribunal to make any unlawful order. But this is a case where it can apply that section to end a tenancy that otherwise could not be ended yet.
It is in the overall interests of justice that the tenancy end in the difficult circumstances that have arisen. The tenant’s goods
The landlord and the tenant’s sister have agreed to deal with the removal and storage of the tenant’s goods. The police require some items to obtain a DNA sample. Filing fee reimbursement
Given that the tenant is listed as a missing person I make no order for reimbursement of the filing fee. I am confident that the landlord and the tenant’s family can sort out reimbursement of the fee ($28.00) as part of the bond refund.

Tenancy Tribunal case 5373641 — Rent arrears at 38C Philip Street, Tokoroa, Tokoroa 3420

At a glance

Claims & awards

Tenancy Tribunal case 5373641 — Rent arrears at 38C Philip Street, Tokoroa, Tokoroa 3420

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.