What was Tenancy Tribunal case 5396411 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 5396411?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5396411?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5396411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13285776-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5396411 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 5396411?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5396411?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5396411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13285776-Tribunal_Order_Redacted.pdf.

Unit/Flat 1311, 72 Nelson Street, Auckland Central, Tenancy Tribunal Case 5396411 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants name and identifying details.
The Bond Centre is to pay the bond of $1,480.00 ([Bond number suppressed]) to [The tenant/s] immediately.
The application is dismissed.

Reasons

On 24 November 2025, the landlord filed an application seeking rent arrears, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
The hearing proceeded by way of video conference. Mr Sunhil Singh, Credit Control Officer, appeared for the landlord. The tenant appeared. The tenant was supported at the hearing by [support person].
At the hearing, the landlord sought to amend their application to include a claim for compensation for the disposal of an item of furniture left behind at the end of the tenancy. The tenant opposed the amendment to the claim.
The Tribunal notes the application was filed on 24 November 2025. The notice of hearing was sent to the parties on 12 December 2025. The notice of hearing informed the parties that the matters to be determined related only to: rent appears, refund of the bond, refund of the filing fee following the end of the tenancy. Section 91 of the Residential Tenancies Act 1986 requires the notice of hearing to include: “a statement of particulars as will fairly inform the party to who it is given of the substance of the matters to be dealt with at the hearing.” The principles of fairness and natural justice apply. The respondent has the right to be fairly informed of all claims so that they can properly prepare for the hearing. The landlord’s application to amend their claim to include compensation was declined. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. History of the tenancy
The tenancy commenced on 9 December 2024 with the fixed term due to end on 8 December 2025.
The parties agreed to an early termination of the fixed term.
On 7 November 2025, the tenant vacate the property and returned the keys to the landlord.

How much rent is owed at the end of the tenancy?

The landlord seeks rent arrears totalling $898.57 to 26 November 2025.
The landlord states that the tenancy ended on 26 November 2025 but was unable to provide the Tribunal with any evidence showing the terms of surrender or agreed break lease terms.
The tenant states the tenancy ended on 7 November 2025, when he vacated the property and returned the keys. The tenant provided an email from the Property Manager dated 29 October 2025 which states: “...I am happy to accommodate your vacancy date. So please review your circumstances and advise when you would like to vacate and I can end your tenancy accordingly and you can handover the keys to me. The rent will only be charged until you have the access and thus don’t stress yourself and take your time and let me know when you wish to return the keys.”
The landlord took no issue with the tenant’s evidence but sought an adjournment to allow the Property Manager to appear.
The case has been afoot since 24 November 2025. The notice of hearing was sent to the parties on 12 December 2025 which gave the parties three months to prepare their case and organise their evidence. The email exchange between the parties, which included the Property Manager’s email of 29 October 2025, was available for discovery and is not new evidence. The application for adjournment was declined.
The Tribunal finds: a. The tenant was entitled to rely on the landlord’s email of 29 October 2025 confirming their liability for rent would end once access to the property stopped. b. The tenancy ended on 7 November 2025 when the tenant vacated the property and returned the keys to the landlord.
The applicant has not satisfied me that it is more likely than not that the tenant owes $898.57 rent to 26 November 2025 and the claim is dismissed. Other matters
The bond is refunded in full to the tenant.
Under section 95A of the Act a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so.
The tenant has been wholly successful and is granted name suppression.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants name and identifying details.
The Bond Centre is to pay the bond of $1,480.00 ([Bond number suppressed]) to [The tenant/s] immediately.
The application is dismissed.

Reasons

On 24 November 2025, the landlord filed an application seeking rent arrears, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
The hearing proceeded by way of video conference. Mr Sunhil Singh, Credit Control Officer, appeared for the landlord. The tenant appeared. The tenant was supported at the hearing by [support person].
At the hearing, the landlord sought to amend their application to include a claim for compensation for the disposal of an item of furniture left behind at the end of the tenancy. The tenant opposed the amendment to the claim.
The Tribunal notes the application was filed on 24 November 2025. The notice of hearing was sent to the parties on 12 December 2025. The notice of hearing informed the parties that the matters to be determined related only to: rent appears, refund of the bond, refund of the filing fee following the end of the tenancy. Section 91 of the Residential Tenancies Act 1986 requires the notice of hearing to include: “a statement of particulars as will fairly inform the party to who it is given of the substance of the matters to be dealt with at the hearing.” The principles of fairness and natural justice apply. The respondent has the right to be fairly informed of all claims so that they can properly prepare for the hearing. The landlord’s application to amend their claim to include compensation was declined. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. History of the tenancy
The tenancy commenced on 9 December 2024 with the fixed term due to end on 8 December 2025.
The parties agreed to an early termination of the fixed term.
On 7 November 2025, the tenant vacate the property and returned the keys to the landlord.

How much rent is owed at the end of the tenancy?

The landlord seeks rent arrears totalling $898.57 to 26 November 2025.
The landlord states that the tenancy ended on 26 November 2025 but was unable to provide the Tribunal with any evidence showing the terms of surrender or agreed break lease terms.
The tenant states the tenancy ended on 7 November 2025, when he vacated the property and returned the keys. The tenant provided an email from the Property Manager dated 29 October 2025 which states: “...I am happy to accommodate your vacancy date. So please review your circumstances and advise when you would like to vacate and I can end your tenancy accordingly and you can handover the keys to me. The rent will only be charged until you have the access and thus don’t stress yourself and take your time and let me know when you wish to return the keys.”
The landlord took no issue with the tenant’s evidence but sought an adjournment to allow the Property Manager to appear.
The case has been afoot since 24 November 2025. The notice of hearing was sent to the parties on 12 December 2025 which gave the parties three months to prepare their case and organise their evidence. The email exchange between the parties, which included the Property Manager’s email of 29 October 2025, was available for discovery and is not new evidence. The application for adjournment was declined.
The Tribunal finds: a. The tenant was entitled to rely on the landlord’s email of 29 October 2025 confirming their liability for rent would end once access to the property stopped. b. The tenancy ended on 7 November 2025 when the tenant vacated the property and returned the keys to the landlord.
The applicant has not satisfied me that it is more likely than not that the tenant owes $898.57 rent to 26 November 2025 and the claim is dismissed. Other matters
The bond is refunded in full to the tenant.
Under section 95A of the Act a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so.
The tenant has been wholly successful and is granted name suppression.

Tenancy Tribunal case 5396411 — Rent arrears at Unit/Flat 1311, 72 Nelson Street, Auckland Central,

At a glance

Tenancy Tribunal case 5396411 — Rent arrears at Unit/Flat 1311, 72 Nelson Street, Auckland Central,

At a glance

Claims & awards

Order

Reasons

How much rent is owed at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much rent is owed at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions