What was Tenancy Tribunal case 5409388 about?

The tribunal order states: The application for termination of the tenancy for abandonment is dismissed.

How much money was awarded in case 5409388?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,371.43 awarded to landlord

What type of tenancy dispute was case 5409388?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5409388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12883609-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5409388 about?

The tribunal order states: The application for termination of the tenancy for abandonment is dismissed.

How much money was awarded in case 5409388?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,371.43 awarded to landlord

What type of tenancy dispute was case 5409388?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5409388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12883609-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 7, 95 Farmer Crescent, Taita, Lower Hutt 5011 Tenancy Tribunal Case 5409388 — Rent arrears

Claims and awards in Tenancy Tribunal application 5409388 — net $1,399.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 17 December 2025	$1,371.43	Rent arrears (to 17 December 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,399.43
Total payable by Tenant to Landlord	$1,399.43

Order

The application for termination of the tenancy for abandonment is dismissed.
The Bond Centre is to pay $1,399.43 from the bond of $1,920.00 (BN-00127170) to Oxygen.Co.Nz Limited immediately.
The balance of the bond of $520.57 is to remain at the Bond Centre.

Reasons

On 9 December 2025, the landlord filed an application with the Tribunal seeking termination of the tenancy for abandonment, rent arrears and refund of the bond
The hearing proceeded by way of video conference. Mr McCullum, Property Manager, appeared for the landlord. The tenants appeared. 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.

Should the tenancy be terminated?

The landlord claims the tenants have abandoned the property and seeks rent arrears.
The tenancy commenced on 8 August 2025 with the fixed term due to end on 8 August 2026.
On 8 October 2025, the tenants e-mailed the landlord asking to break the lease prior to the end of the fixed term, citing the need for medical treatment in India.
Approximately ten minutes later the landlord responded by e-mail, providing the tenants with information about the costs, requirements and associated fees connected with early termination of the fixed term.
The parties agreed the break lease terms and on 13 October 2025 the tenants paid the landlord an $850.00 break lease fee.
On 14 October 2025, the landlord advertised the property for rent and started to hold open home viewings. The tenants also actively sought new tenants to take over the tenancy.
On 28 October 2025, the tenants wrote to the landlord detailing their financial position and asking to be released from their obligations under their fixed term contract.
On 31 October 2025, the landlord wrote to the tenants advising them that they would not be released from their obligations until such time as a new tenant was secured for the property.
On 13 November 2025, the tenants told the landlord they had vacated the property and left the keys locked inside.
On 24 November 2025, the tenants wrote to the landlord to advise that they were no longer able to meet their rent obligations and would be making no further rent payments. The tenants advised they had no income and one of the tenant was in India receiving medical treatment. The law
The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 of the Act. 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.
Section 50(1)(d) of the Act provides that parties to a tenancy, periodic or fixed term, may bring a tenancy to an end where the tenant surrenders the tenancy or offers up vacant possession with the landlord’s written consent.
Section 44A(1) of the Act states that landlords are entitled to recover from the tenant any expenses reasonably incurred by the landlord in respect of the termination of the tenancy. Analysis and decision
Having heard from the parties and considering all of the evidence the Tribunal is not satisfied the tenants have abandoned the property that is because the parties had agreed in principle to break the fixed term early. The Tribunal notes: a. The tenant paid an $850.00 break lease fee after being advised of the costs, requirements and associated fees connected with early termination of the fixed term. b. The parties had agreed that upon vacating the premises the tenants would leave the keys locked inside the property for the landlord to recover. c. The tenants continued to pay rent up until 27 November 2025 when they notified the landlord of the impecunious position and advised that no further rent would be paid. d. The tenants have remained in contact with the landlord, and attended the hearing. e. At the hearing, the tenants acknowledged being liable for rent until such time as a new tenant was secured for the property or until the end of the fixed term.
The requirements of section 61 of the Act are not made out and the Tribunal declines to terminate the tenancy for abandonment. The claim is dismissed.

How much does the tenant owe?

The tenant has breached the agreement and is liable for rent from the date they left the property until the end of the fixed term, or the landlord enters into a new tenancy agreement for the property.
The landlord states that they have been actively marketing the property for rent and provided a listing report dated 14 October 2025 to 12 December 2025. This report does not provide the Tribunal with sufficient information about where the property is listed for rent (for example print listings, website listings, social media marketing). The report shows the property has been on the market for 57 days and has had a total of eight viewings. The landlord said that reletting the property had been hampered by the fact that there are six other vacant units in the building for whom tenants are being actively sought.
The landlord provided an up-to-date rent summary which proves the amount owing at the date of hearing is $1,371.43. The amount claimed is ordered.
The rent going forward will become due and owing each week. The landlord may choose to file a new claim if there are any additional rent arrears owing. However, any claim for further rent arrears will be considered in accordance with section 49 of the Act.
Under section 49 of the Act, if a party to a tenancy agreement suffers a loss due to a breach of the agreement or the Act, they must take all reasonable steps to mitigate (reduce) that loss. If they do not, the Tribunal may reduce the amount of compensation or damages awarded to reflect what could have been avoided by taking reasonable steps. Other matters
Because Oxygen.Co.Nz Limited has wholly succeeded with the claim I must reimburse the filing fee.
Despite being wholly successful the landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5409388 — net $1,399.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 17 December 2025	$1,371.43	Rent arrears (to 17 December 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,399.43
Total payable by Tenant to Landlord	$1,399.43

Order

The application for termination of the tenancy for abandonment is dismissed.
The Bond Centre is to pay $1,399.43 from the bond of $1,920.00 (BN-00127170) to Oxygen.Co.Nz Limited immediately.
The balance of the bond of $520.57 is to remain at the Bond Centre.

Reasons

On 9 December 2025, the landlord filed an application with the Tribunal seeking termination of the tenancy for abandonment, rent arrears and refund of the bond
The hearing proceeded by way of video conference. Mr McCullum, Property Manager, appeared for the landlord. The tenants appeared. 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.

Should the tenancy be terminated?

The landlord claims the tenants have abandoned the property and seeks rent arrears.
The tenancy commenced on 8 August 2025 with the fixed term due to end on 8 August 2026.
On 8 October 2025, the tenants e-mailed the landlord asking to break the lease prior to the end of the fixed term, citing the need for medical treatment in India.
Approximately ten minutes later the landlord responded by e-mail, providing the tenants with information about the costs, requirements and associated fees connected with early termination of the fixed term.
The parties agreed the break lease terms and on 13 October 2025 the tenants paid the landlord an $850.00 break lease fee.
On 14 October 2025, the landlord advertised the property for rent and started to hold open home viewings. The tenants also actively sought new tenants to take over the tenancy.
On 28 October 2025, the tenants wrote to the landlord detailing their financial position and asking to be released from their obligations under their fixed term contract.
On 31 October 2025, the landlord wrote to the tenants advising them that they would not be released from their obligations until such time as a new tenant was secured for the property.
On 13 November 2025, the tenants told the landlord they had vacated the property and left the keys locked inside.
On 24 November 2025, the tenants wrote to the landlord to advise that they were no longer able to meet their rent obligations and would be making no further rent payments. The tenants advised they had no income and one of the tenant was in India receiving medical treatment. The law
The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 of the Act. 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.
Section 50(1)(d) of the Act provides that parties to a tenancy, periodic or fixed term, may bring a tenancy to an end where the tenant surrenders the tenancy or offers up vacant possession with the landlord’s written consent.
Section 44A(1) of the Act states that landlords are entitled to recover from the tenant any expenses reasonably incurred by the landlord in respect of the termination of the tenancy. Analysis and decision
Having heard from the parties and considering all of the evidence the Tribunal is not satisfied the tenants have abandoned the property that is because the parties had agreed in principle to break the fixed term early. The Tribunal notes: a. The tenant paid an $850.00 break lease fee after being advised of the costs, requirements and associated fees connected with early termination of the fixed term. b. The parties had agreed that upon vacating the premises the tenants would leave the keys locked inside the property for the landlord to recover. c. The tenants continued to pay rent up until 27 November 2025 when they notified the landlord of the impecunious position and advised that no further rent would be paid. d. The tenants have remained in contact with the landlord, and attended the hearing. e. At the hearing, the tenants acknowledged being liable for rent until such time as a new tenant was secured for the property or until the end of the fixed term.
The requirements of section 61 of the Act are not made out and the Tribunal declines to terminate the tenancy for abandonment. The claim is dismissed.

How much does the tenant owe?

The tenant has breached the agreement and is liable for rent from the date they left the property until the end of the fixed term, or the landlord enters into a new tenancy agreement for the property.
The landlord states that they have been actively marketing the property for rent and provided a listing report dated 14 October 2025 to 12 December 2025. This report does not provide the Tribunal with sufficient information about where the property is listed for rent (for example print listings, website listings, social media marketing). The report shows the property has been on the market for 57 days and has had a total of eight viewings. The landlord said that reletting the property had been hampered by the fact that there are six other vacant units in the building for whom tenants are being actively sought.
The landlord provided an up-to-date rent summary which proves the amount owing at the date of hearing is $1,371.43. The amount claimed is ordered.
The rent going forward will become due and owing each week. The landlord may choose to file a new claim if there are any additional rent arrears owing. However, any claim for further rent arrears will be considered in accordance with section 49 of the Act.
Under section 49 of the Act, if a party to a tenancy agreement suffers a loss due to a breach of the agreement or the Act, they must take all reasonable steps to mitigate (reduce) that loss. If they do not, the Tribunal may reduce the amount of compensation or damages awarded to reflect what could have been avoided by taking reasonable steps. Other matters
Because Oxygen.Co.Nz Limited has wholly succeeded with the claim I must reimburse the filing fee.
Despite being wholly successful the landlord did not seek name suppression.

Tenancy Tribunal case 5409388 — Rent arrears at Unit/Flat Flat 7, 95 Farmer Crescent, Taita, Lower Hutt 5011

At a glance

Tenancy Tribunal case 5409388 — Rent arrears at Unit/Flat Flat 7, 95 Farmer Crescent, Taita, Lower Hutt 5011

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.