What was Tenancy Tribunal case 5404431 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 5404431?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5404431?

The primary dispute was Rent arrears. Related themes: 14-day notice, Smoke alarms, Healthy homes.

Where can I read the official tribunal order for case 5404431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13347828-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5404431 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 5404431?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5404431?

The primary dispute was Rent arrears. Related themes: 14-day notice, Smoke alarms, Healthy homes.

Where can I read the official tribunal order for case 5404431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13347828-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5404431 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately.
Hasan Alkhafagi must pay [The landlord/s] $28.00 filing fee reimbursement.
Hasan Alkhafagi’s claims are dismissed.

Reasons

The landlord attended the hearing which was scheduled to start at 9.30 this morning. When there was no appearance for the tenant, the start time was delayed. The hearing commenced with the landlord only. At 10am, as the hearing was concluding, the courtroom was notified that the tenant was running late and was parking his car. The orders above had already been made and the hearing was ended. Background
The parties entered into a periodic tenancy starting on 22 September 2025.
On 19 October 2025, the landlord gave the tenant 42 days’ notice to terminate the tenancy, the end date being 30 November 2025. The tenant did not vacate on the that date and on 4 December 2025, the landlord applied for possession order, stating that at around 9.55am that morning, the tenant had broken their window and threatened to kill them.
At that time the landlord also claimed some rent arrears of $470, although I note that some of that some included the rent that was owing one week in advance.
Two days later, on 6 December 2025, the tenant cross-applied saying that the tenancy had ended and he wanted his bond refunded. He also claimed that the premises did not comply with Healthy Homes Standards, although the matters raised do not come under those standards. He said that he had been hounded, victimised, traumatised and threatened with eviction. He said that he did not think that the premises are a separate legal dwelling. The tenant also claimed that the property was not clean, there were some maintenance issues, and no working smoke alarms. He complained about the noise and said that the notice was retaliatory. The tenant wanted the Tribunal to:
Investigate the habitability, safety, and compliance of the property.
Determine whether the landlord has breached the Residential Tenancies Act, particularly regarding: -Maintenance and repair obligations -Quiet enjoyment and privacy -Retaliatory or unjustified eviction
Consider ordering compensation or a rent reduction for the distress, disruption, and emotional harm caused.
Require the landlord to rectify all repair issues immediately and remove all damaged furniture at his own cost.
The landlord sought an urgent hearing because of their fears. The Duty Adjudicator directed that there would be an urgent hearing on the matter of section 55(1)(c)(i) only. That section says that the Tribunal must terminate a tenancy if satisfied that the tenant has assaulted or threatened to assault the landlord. Therefore the other grounds for termination or possession could not be considered at that hearing.
In an order dated 8 January 2026, the Tribunal found that the landlord had not established that there had been a threat to assault. The application for termination on that ground was therefore dismissed.
Today, the landlord sought possession of the premises, rent arrears, release of bond, and reimbursement of the filing fee.
Because there was no appearance from the tenant, the tenant’s claims were dismissed.
The onus of proof is on the landlord to establish their claims. The standard of proof is on the balance of probabilities. Termination and possession
The tenancy terminated on 30 November 2025 by the landlord’s notice. The landlord applied for possession within 90 days. The requirements of section 64 are satisfied.
The landlord had also applied for termination of the tenancy on the basis of rent arrears. Notices of arrears had been issued to the tenant. At the date of the hearing, the rent is more than 21 days in arrears. The tenancy is terminated. See sections 56 and 55(1)(a) Residential Tenancies Act 1986.
The landlord provided bank statement showing the rent payments made. He was asked to provide a rent summary today. He has provided a document but it does not show all payments made, the dates are not in order and it covers only 19 weeks. I have calculated that from the start of the tenancy on 22 September to today is 26 weeks and 3 days.
According to the bank statements provided, the tenant has 7 payments of $380 and one of $50. That makes a total of $2710. There are two other payments totalling $1,550, which I understood was paid as bond. I calculated the rent owed is $7,332.86. which is more than the amount claimed by the landlord. It is not clear from the information provided what payments were for rent and what are for bond. Although I am satisfied that the tenant is at least 21 days in arrears, the landlord has not provided sufficient evidence to establish the exact amount of rent arrears owed.
Therefore, no rent arrears have been ordered. The landlord may make a new application for rent arrears, but he must provide a proper rent summary showing all payments due and all payments made for rent. It should include no other payments. It must start at the beginning of the tenancy and have each week entered in chronological order.
No order has been made for refund of the bond. Compensation
The landlord also seeks compensation in relation to a damaged mailbox and lock and a broken window.
The mailbox and lock have not yet been repaired. Those claims are dismissed, but the landlord may bring a claim when the repairs have been undertaken and the cost known.
The window has been repaired. The tenant has reimbursed $300 of the invoice, leaving $173.94 remaining. The landlord said that the tenant had agreed to pay this amount by 10 March 2026. This was through an arrangement with the Police Te Pae Oranga Iwi Community Panel. Because this matter is with the Police, I have not made an order for the outstanding amount at this stage, but the landlords may choose to bring a claim for this amount if the tenant does not complete his obligations under that scheme.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and name suppression is granted.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately.
Hasan Alkhafagi must pay [The landlord/s] $28.00 filing fee reimbursement.
Hasan Alkhafagi’s claims are dismissed.

Reasons

The landlord attended the hearing which was scheduled to start at 9.30 this morning. When there was no appearance for the tenant, the start time was delayed. The hearing commenced with the landlord only. At 10am, as the hearing was concluding, the courtroom was notified that the tenant was running late and was parking his car. The orders above had already been made and the hearing was ended. Background
The parties entered into a periodic tenancy starting on 22 September 2025.
On 19 October 2025, the landlord gave the tenant 42 days’ notice to terminate the tenancy, the end date being 30 November 2025. The tenant did not vacate on the that date and on 4 December 2025, the landlord applied for possession order, stating that at around 9.55am that morning, the tenant had broken their window and threatened to kill them.
At that time the landlord also claimed some rent arrears of $470, although I note that some of that some included the rent that was owing one week in advance.
Two days later, on 6 December 2025, the tenant cross-applied saying that the tenancy had ended and he wanted his bond refunded. He also claimed that the premises did not comply with Healthy Homes Standards, although the matters raised do not come under those standards. He said that he had been hounded, victimised, traumatised and threatened with eviction. He said that he did not think that the premises are a separate legal dwelling. The tenant also claimed that the property was not clean, there were some maintenance issues, and no working smoke alarms. He complained about the noise and said that the notice was retaliatory. The tenant wanted the Tribunal to:
Investigate the habitability, safety, and compliance of the property.
Determine whether the landlord has breached the Residential Tenancies Act, particularly regarding: -Maintenance and repair obligations -Quiet enjoyment and privacy -Retaliatory or unjustified eviction
Consider ordering compensation or a rent reduction for the distress, disruption, and emotional harm caused.
Require the landlord to rectify all repair issues immediately and remove all damaged furniture at his own cost.
The landlord sought an urgent hearing because of their fears. The Duty Adjudicator directed that there would be an urgent hearing on the matter of section 55(1)(c)(i) only. That section says that the Tribunal must terminate a tenancy if satisfied that the tenant has assaulted or threatened to assault the landlord. Therefore the other grounds for termination or possession could not be considered at that hearing.
In an order dated 8 January 2026, the Tribunal found that the landlord had not established that there had been a threat to assault. The application for termination on that ground was therefore dismissed.
Today, the landlord sought possession of the premises, rent arrears, release of bond, and reimbursement of the filing fee.
Because there was no appearance from the tenant, the tenant’s claims were dismissed.
The onus of proof is on the landlord to establish their claims. The standard of proof is on the balance of probabilities. Termination and possession
The tenancy terminated on 30 November 2025 by the landlord’s notice. The landlord applied for possession within 90 days. The requirements of section 64 are satisfied.
The landlord had also applied for termination of the tenancy on the basis of rent arrears. Notices of arrears had been issued to the tenant. At the date of the hearing, the rent is more than 21 days in arrears. The tenancy is terminated. See sections 56 and 55(1)(a) Residential Tenancies Act 1986.
The landlord provided bank statement showing the rent payments made. He was asked to provide a rent summary today. He has provided a document but it does not show all payments made, the dates are not in order and it covers only 19 weeks. I have calculated that from the start of the tenancy on 22 September to today is 26 weeks and 3 days.
According to the bank statements provided, the tenant has 7 payments of $380 and one of $50. That makes a total of $2710. There are two other payments totalling $1,550, which I understood was paid as bond. I calculated the rent owed is $7,332.86. which is more than the amount claimed by the landlord. It is not clear from the information provided what payments were for rent and what are for bond. Although I am satisfied that the tenant is at least 21 days in arrears, the landlord has not provided sufficient evidence to establish the exact amount of rent arrears owed.
Therefore, no rent arrears have been ordered. The landlord may make a new application for rent arrears, but he must provide a proper rent summary showing all payments due and all payments made for rent. It should include no other payments. It must start at the beginning of the tenancy and have each week entered in chronological order.
No order has been made for refund of the bond. Compensation
The landlord also seeks compensation in relation to a damaged mailbox and lock and a broken window.
The mailbox and lock have not yet been repaired. Those claims are dismissed, but the landlord may bring a claim when the repairs have been undertaken and the cost known.
The window has been repaired. The tenant has reimbursed $300 of the invoice, leaving $173.94 remaining. The landlord said that the tenant had agreed to pay this amount by 10 March 2026. This was through an arrangement with the Police Te Pae Oranga Iwi Community Panel. Because this matter is with the Police, I have not made an order for the outstanding amount at this stage, but the landlords may choose to bring a claim for this amount if the tenant does not complete his obligations under that scheme.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and name suppression is granted.

Tenancy Tribunal case 5404431 — Rent arrears

At a glance

Claims & awards

Tenancy Tribunal case 5404431 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions