What was Tenancy Tribunal case 5398809 about?

The tribunal order states: This Order amends and replaces the original Order made earlier today.

How much money was awarded in case 5398809?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $9,051.00 awarded to landlord

What type of tenancy dispute was case 5398809?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5398809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13061798-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5398809 about?

The tribunal order states: This Order amends and replaces the original Order made earlier today.

How much money was awarded in case 5398809?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $9,051.00 awarded to landlord

What type of tenancy dispute was case 5398809?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5398809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13061798-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5398809 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5398809 — net $6,359.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 February 2026	$9,051.00	Rent arrears to 4 February 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,359.00
Total payable by Tenant to Landlord	$6,359.00

This Order amends and replaces the original Order made earlier today.

The tenant’s application for an adjournment is declined.

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

The tenancy of Sarah Fabian at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Wednesday 4 February 2026.

The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

immediately, calculated as shown below:

Reasons

I issued an Order on this matter earlier today.

I have had to recall and amend that Order for two reasons: First, I was not aware that the tenant had made an application to adjourn the hearing, which should have been addressed; and Second, the amount of rent arrears in the Order did not take into account the period between today and 4 February when the tenancy is to end.

Should an adjournment be granted?

The parties were notified about today’s 2:00pm hearing on 5 December 2025.

At midday today the tenant e-mailed the Tribunal asking that the hearing be rescheduled. That request was accompanied by a note from her trauma counsellor who says she was told by the tenant this morning that she had a Tribunal hearing today. The counsellor says that the tenant is, “....not in the mental capacity to attend this meeting today.” Rescheduling so the tenant can engage with sustaining tenancies and have a support person, is suggested.

In considering any adjournment request, the Tribunal needs to consider the balance of fairness between the parties. The landlord has an interest in having its claim deal with expeditiously and not to be prejudiced by delay in having it heard. The tenant has a right to have her say in reply to the landlord’s claims.

My view is that the balance of fairness does not support an adjournment. While I accept her counsellor’s assessment that the tenant might have struggled to participate, and I have sympathy for that, the compelling factors against adjourning the hearing are: a. the tenant has been aware of the hearing for a long time and has had ample opportunity to arrange support or representation if she chose; b. the adjournment request was not made until very shortly before the hearing was due to start; c. the tenant was not told that the hearing had been adjourned but did not attend or make herself available to speak to her adjournment request; d. the evidence is that tenant has paid no rent for almost 3 months, so any adjournment seems likely to cause further loss to the landlord; e. the Tribunal is required to end a tenancy when rent is more than 21 days in arrears. The landlord’s claim is able to be proved by documentary evidence. It is not the kind of claim where the Tribunal’s view of the evidence is likely to be strongly influenced by oral evidence from the parties. There is no suggestion by the tenant of grounds for opposing the landlord’s claim or the evidence provided in support of it. The tenant’s position is therefore less likely to be prejudiced by the Tribunal not hearing from her.

The adjournment request is declined accordingly.

The landlord attended the hearing which was held by videoconference. The tenant didn’t attend and couldn’t be reached by phone on the number given in the agreement, the number given in the Notice of Hearing, which was properly served, or on another number from which the tenant txt the property manager on 12 January.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. No rent has been paid since 5 November 2025. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Because [The applicant/s] has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5398809 — net $6,359.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 February 2026	$9,051.00	Rent arrears to 4 February 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$6,359.00
Total payable by Tenant to Landlord	$6,359.00

Order

This Order amends and replaces the original Order made earlier today.
The tenant’s application for an adjournment is declined.
An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Sarah Fabian at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Wednesday 4 February 2026.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.
immediately, calculated as shown below:

Reasons

I issued an Order on this matter earlier today.
I have had to recall and amend that Order for two reasons: First, I was not aware that the tenant had made an application to adjourn the hearing, which should have been addressed; and Second, the amount of rent arrears in the Order did not take into account the period between today and 4 February when the tenancy is to end.

Should an adjournment be granted?

The parties were notified about today’s 2:00pm hearing on 5 December 2025.
At midday today the tenant e-mailed the Tribunal asking that the hearing be rescheduled. That request was accompanied by a note from her trauma counsellor who says she was told by the tenant this morning that she had a Tribunal hearing today. The counsellor says that the tenant is, “....not in the mental capacity to attend this meeting today.” Rescheduling so the tenant can engage with sustaining tenancies and have a support person, is suggested.
In considering any adjournment request, the Tribunal needs to consider the balance of fairness between the parties. The landlord has an interest in having its claim deal with expeditiously and not to be prejudiced by delay in having it heard. The tenant has a right to have her say in reply to the landlord’s claims.
My view is that the balance of fairness does not support an adjournment. While I accept her counsellor’s assessment that the tenant might have struggled to participate, and I have sympathy for that, the compelling factors against adjourning the hearing are: a. the tenant has been aware of the hearing for a long time and has had ample opportunity to arrange support or representation if she chose; b. the adjournment request was not made until very shortly before the hearing was due to start; c. the tenant was not told that the hearing had been adjourned but did not attend or make herself available to speak to her adjournment request; d. the evidence is that tenant has paid no rent for almost 3 months, so any adjournment seems likely to cause further loss to the landlord; e. the Tribunal is required to end a tenancy when rent is more than 21 days in arrears. The landlord’s claim is able to be proved by documentary evidence. It is not the kind of claim where the Tribunal’s view of the evidence is likely to be strongly influenced by oral evidence from the parties. There is no suggestion by the tenant of grounds for opposing the landlord’s claim or the evidence provided in support of it. The tenant’s position is therefore less likely to be prejudiced by the Tribunal not hearing from her.
The adjournment request is declined accordingly.
The landlord attended the hearing which was held by videoconference. The tenant didn’t attend and couldn’t be reached by phone on the number given in the agreement, the number given in the Notice of Hearing, which was properly served, or on another number from which the tenant txt the property manager on 12 January.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. No rent has been paid since 5 November 2025. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
Because [The applicant/s] has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5398809 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5398809 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should an adjournment be granted?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should an adjournment be granted?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions