What was Tenancy Tribunal case 5400391 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 5400391?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,234.29 awarded to landlord

What type of tenancy dispute was case 5400391?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5400391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12978579-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5400391 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 5400391?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,234.29 awarded to landlord

What type of tenancy dispute was case 5400391?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5400391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12978579-Tribunal_Order_Redacted.pdf.

Unit/Flat 1216, 72 Nelson Street, Auckland Central, Tenancy Tribunal Case 5400391 — Rent arrears

Claims and awards in Tenancy Tribunal application 5400391 — net $2,762.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,234.29	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,762.29
Total payable by Tenant to Landlord	$2,762.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Mark Edward Moses must pay [The landlord/s] $2,762.29 immediately, being rent arrears to 16 January 2026 and reimbursement of the filing fee, as calculated and shown in table below: DescriptionLandlord Rent arrears$4,234.29 Filing fee reimbursement$28.00 Total award$4,262.29 Minus Bond-$1,500.00 Total payable by Tenant to Landlord$2,762.29
The Bond Centre is to refund the Bond to the landlord immediately.
The tenancy of Mark Edward Moses at Unit 1216/72 Nelson Street Auckland Central is terminated as of 11.59pm on 16 th January 2026.
The landlords claim for damage to the neighbour’s door is dismissed.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the mobile number provided for the tenant and left a message. The calls went unanswered. The tenant has not communicated with Tenancy Services to seek an adjournment of the hearing and has been served with the notice of hearing.
I am proceeding with the hearing in the absence of the tenant.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, damages, reimbursement of the filing fee and refund of the bond.
This was a fixed term tenancy with an end date of 16 January 2026. The landlord filed an application for termination of the tenancy for abandonment on 1 December 2025. It has taken a while for the Tribunal to schedule this hearing.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
In late November 2025, the landlord was advised that the tenant had left the property. Subsequently after not hearing from the tenant, despite emails and phone calls, the landlord went to the property. The tenant was not there and most of his property had been removed.
The landlord became aware (or ought to have been aware) that the tenant had abandoned the premises, in late November 2025.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated on 16 January 2026.
The landlord claimed that they felt they could not take possession of the property without property notice from the tenant or an Order from the Tribunal, nor relet the property.

How much does the tenant owe?

The landlord provided rent records which prove the amount of $4234.29 owing at the end of the tenancy on 16 th January 2026 . The amount ordered includes rent in lieu of notice.
I am satisfied that the landlord has proven their claim for the rent arrears.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: -Damage to the neighbour’s door.
Prior to and at the hearing the landlord had not provided any proof of the damage, nor the cost of repairs. I gave the landlord the opportunity to email these essential documents to me immediately after the hearing. The landlord failed to do so.
The landlord has not provided evidence to support their claim for damage to the door and therefore I must dismiss that claim. Bond / Suppression / filing fee:
The Bond Centre is to refund the bond to the landlord immediately to offset the debt owed by the tenant to the landlord.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has applied for suppression of their name and as they have been partially successful, I am granting suppression.

Claims and awards in Tenancy Tribunal application 5400391 — net $2,762.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,234.29	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,762.29
Total payable by Tenant to Landlord	$2,762.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Mark Edward Moses must pay [The landlord/s] $2,762.29 immediately, being rent arrears to 16 January 2026 and reimbursement of the filing fee, as calculated and shown in table below: DescriptionLandlord Rent arrears$4,234.29 Filing fee reimbursement$28.00 Total award$4,262.29 Minus Bond-$1,500.00 Total payable by Tenant to Landlord$2,762.29
The Bond Centre is to refund the Bond to the landlord immediately.
The tenancy of Mark Edward Moses at Unit 1216/72 Nelson Street Auckland Central is terminated as of 11.59pm on 16 th January 2026.
The landlords claim for damage to the neighbour’s door is dismissed.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the mobile number provided for the tenant and left a message. The calls went unanswered. The tenant has not communicated with Tenancy Services to seek an adjournment of the hearing and has been served with the notice of hearing.
I am proceeding with the hearing in the absence of the tenant.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, damages, reimbursement of the filing fee and refund of the bond.
This was a fixed term tenancy with an end date of 16 January 2026. The landlord filed an application for termination of the tenancy for abandonment on 1 December 2025. It has taken a while for the Tribunal to schedule this hearing.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
In late November 2025, the landlord was advised that the tenant had left the property. Subsequently after not hearing from the tenant, despite emails and phone calls, the landlord went to the property. The tenant was not there and most of his property had been removed.
The landlord became aware (or ought to have been aware) that the tenant had abandoned the premises, in late November 2025.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated on 16 January 2026.
The landlord claimed that they felt they could not take possession of the property without property notice from the tenant or an Order from the Tribunal, nor relet the property.

How much does the tenant owe?

The landlord provided rent records which prove the amount of $4234.29 owing at the end of the tenancy on 16 th January 2026 . The amount ordered includes rent in lieu of notice.
I am satisfied that the landlord has proven their claim for the rent arrears.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: -Damage to the neighbour’s door.
Prior to and at the hearing the landlord had not provided any proof of the damage, nor the cost of repairs. I gave the landlord the opportunity to email these essential documents to me immediately after the hearing. The landlord failed to do so.
The landlord has not provided evidence to support their claim for damage to the door and therefore I must dismiss that claim. Bond / Suppression / filing fee:
The Bond Centre is to refund the bond to the landlord immediately to offset the debt owed by the tenant to the landlord.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has applied for suppression of their name and as they have been partially successful, I am granting suppression.

Tenancy Tribunal case 5400391 — Rent arrears at Unit/Flat 1216, 72 Nelson Street, Auckland Central,

At a glance

Tenancy Tribunal case 5400391 — Rent arrears at Unit/Flat 1216, 72 Nelson Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions