What was Tenancy Tribunal case 5383524 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 5383524?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,655.71 awarded to landlord

What type of tenancy dispute was case 5383524?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5383524?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13193326-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5383524 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 5383524?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,655.71 awarded to landlord

What type of tenancy dispute was case 5383524?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5383524?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13193326-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5383524 — Rent arrears

Claims and awards in Tenancy Tribunal application 5383524 — net $1,683.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.10.25	$1,655.71	Rent arrears to 17.10.25
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,683.71
Bond	$1,683.71
Total payable by Tenant to Landlord	$1,683.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties names and identifying details.
[The tenant/s] must pay [The landlord/s] $0.00 immediately from the bond, as calculated in the table below.
The Bond Centre is to pay the bond of $1,683.71 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears to 17.10.25$1,655.71 Filing fee reimbursement$28.00 Total award$1,683.71 Bond$1,683.71
The balance of the bond is to remain at the bond centre.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears and payment of the bond.
The landlord says the tenant has died.
Section 50A of the Residential Tenancies Act 1986 (RTA) sets out what should happen if a sole tenant dies during the tenancy. It states: 50ATermination following death of sole tenant (1)On the death of a sole tenant under a tenancy agreement (whether for a fixed- term tenancy or a periodic tenancy), the tenancy agreement terminates on the earliest of the following dates: (a)the date that is the 21st day after the date on which the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant: (b)the date that is the 21st day after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement: (c)the date that is agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin: (d)the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under subsection (2). (2)If a landlord is unable to give notice to vacate under subsection (1)(b), the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy.
The landlord has not provided a death certificate or death notice for the tenant. At the commencement of the hearing the landlord explained how they came to be aware of the tenant’s passing. I am satisfied the tenant has likely died because the tenant’s son advised the landlord of her passing on 25 September 2025 when the landlord undertook an inspection and the landlord was aware that the tenant had a terminal illness for the duration of her tenancy. The landlord gave notice to the tenant’s son pursuant to s 50A(b) RTA. The tenancy terminated on 17 October 2025.
The definition of a ‘tenant’ includes the “personal representative of a deceased tenant”. 1 Therefore the ‘personal representative’ can be the respondent for the purpose of an application to the Tribunal against a deceased tenant. A personal representative “means an executor (original or by representation) who has obtained probate, or an administrator of the deceased person’s estate appointed by the court. 2 If a tenant dies owing rent and there is no personal representative, then technically there is no-one that the landlord can bring an application against, as the tenant must be served with the application.
However, The Tribunal takes the approach that in appropriate circumstances it can make an order terminating the tenancy and for payment of the bond.
A personal representative has not been able to be identified and served with the proceedings. The tenant’s sons have not communicated appropriately 1 See section 2 of the RTA. 2 Section 9 of the Trusts Act 2019 with the landlord and there does not appear to be any way for the landlord to identify a personal representative. Rent arrears and bond
In the circumstances I make an order for payment of the bond to offset the rent arrears and filing fee. The landlord has provided rent records which prove the amount owing at the end of the tenancy. Filing fee and suppression
Because the landlord has been successful with the claim, I order reimbursement of the filing fee from the bond.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 3
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 4
The landlord has been substantially successful in the claim; therefore the landlord is entitled to name suppression and it is ordered.
In having regards to the public interest, I have made an order suppressing the tenant’s name and identifying details. The tenant has passed away and there is no public interest in publication of her name.

Claims and awards in Tenancy Tribunal application 5383524 — net $1,683.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17.10.25	$1,655.71	Rent arrears to 17.10.25
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,683.71
Bond	$1,683.71
Total payable by Tenant to Landlord	$1,683.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties names and identifying details.
[The tenant/s] must pay [The landlord/s] $0.00 immediately from the bond, as calculated in the table below.
The Bond Centre is to pay the bond of $1,683.71 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears to 17.10.25$1,655.71 Filing fee reimbursement$28.00 Total award$1,683.71 Bond$1,683.71
The balance of the bond is to remain at the bond centre.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears and payment of the bond.
The landlord says the tenant has died.
Section 50A of the Residential Tenancies Act 1986 (RTA) sets out what should happen if a sole tenant dies during the tenancy. It states: 50ATermination following death of sole tenant (1)On the death of a sole tenant under a tenancy agreement (whether for a fixed- term tenancy or a periodic tenancy), the tenancy agreement terminates on the earliest of the following dates: (a)the date that is the 21st day after the date on which the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant: (b)the date that is the 21st day after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement: (c)the date that is agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin: (d)the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under subsection (2). (2)If a landlord is unable to give notice to vacate under subsection (1)(b), the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy.
The landlord has not provided a death certificate or death notice for the tenant. At the commencement of the hearing the landlord explained how they came to be aware of the tenant’s passing. I am satisfied the tenant has likely died because the tenant’s son advised the landlord of her passing on 25 September 2025 when the landlord undertook an inspection and the landlord was aware that the tenant had a terminal illness for the duration of her tenancy. The landlord gave notice to the tenant’s son pursuant to s 50A(b) RTA. The tenancy terminated on 17 October 2025.
The definition of a ‘tenant’ includes the “personal representative of a deceased tenant”. 1 Therefore the ‘personal representative’ can be the respondent for the purpose of an application to the Tribunal against a deceased tenant. A personal representative “means an executor (original or by representation) who has obtained probate, or an administrator of the deceased person’s estate appointed by the court. 2 If a tenant dies owing rent and there is no personal representative, then technically there is no-one that the landlord can bring an application against, as the tenant must be served with the application.
However, The Tribunal takes the approach that in appropriate circumstances it can make an order terminating the tenancy and for payment of the bond.
A personal representative has not been able to be identified and served with the proceedings. The tenant’s sons have not communicated appropriately 1 See section 2 of the RTA. 2 Section 9 of the Trusts Act 2019 with the landlord and there does not appear to be any way for the landlord to identify a personal representative. Rent arrears and bond
In the circumstances I make an order for payment of the bond to offset the rent arrears and filing fee. The landlord has provided rent records which prove the amount owing at the end of the tenancy. Filing fee and suppression
Because the landlord has been successful with the claim, I order reimbursement of the filing fee from the bond.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 3
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 4
The landlord has been substantially successful in the claim; therefore the landlord is entitled to name suppression and it is ordered.
In having regards to the public interest, I have made an order suppressing the tenant’s name and identifying details. The tenant has passed away and there is no public interest in publication of her name.

Tenancy Tribunal case 5383524 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5383524 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions