Tenantcheck Insights · Case study
Tenancy Tribunal case 5414408 — Rent arrears at 50A Maywood Crescent, Glen Eden, Auckland 0602
Decided 8 January 2026 · Published 8 January 2026 · Application 5414408
Mixed / unclear
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
N Maplesden
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The requirement for service of notice of the hearing and of this order are dispensed with as there are no current service addresses reasonably available to the landlord or the Tribunal.
- The tenancy of Fijai Purcell Nielson at 50A Maywood Crescent, Glen Eden, Auckland 0602 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 10:00am on Thursday 8 January 2026.
- Fijai Purcell Nielson must pay Kāinga Ora–Homes And Communities $1,746.00 immediately, being rent owing to 30 December 2025.
Reasons
- The landlord’s representative attended the hearing held by video conference today. I telephoned the tenant however his phone number did not connect. I decided to continue the hearing in his absence because:- a. notice of the hearing was posted to the tenancy address on 16 December 2025 and this is the only address for service provided by the tenant; b. it is probable the tenant did not receive the posted notice of hearing because the premises are likely to have been abandoned by that date however, I am satisfied the landlord has no other contact details for the tenant, no email addresses, and no other working phone numbers or contact people and that all reasonable efforts have been made to serve the notice; c. the tenant has not made contact with the landlord or the Tribunal at any time after the last payment of rent was made on 21 October 2025; d. there is no benefit in adjourning the hearing or further delaying the making of an order, so I dispense with the requirement for service in these circumstances.
- The landlord has applied for termination of the tenancy for abandonment and payment of rent arrears.
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.
- On 10 December 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The events confirming this are:- a. The last payment of rent was on 21 October 2025 and the landlord’s attempts to contact the tenant by phone and visits were unsuccessful throughout November 2025. b. The landlord gave notice and conducted an inspection of the inside of the premises on 10 December 2025. Photos and notes provided satisfy me the tenant and his family had vacated the house as all bedroom, wardrobes and kitchen cupboards were empty, lawns were overgrown, and one to two months of mail were in the letterbox.
- The landlord supplied documentary information during the hearing showing that the tenant left the country on 18 October 2025 and as of 17 December 2025 had not returned.
- Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
- The amount ordered includes 21 days of rent in lieu of notice from the date the abandonment was confirmed by the landlord (from 11 to 31 December 2025). Suppression and service
- The landlord has succeeded with its claims however I do not suppress its name as it is the government housing provider, so the public interest is for transparency of its actions. There are no grounds to suppress the tenant’s name.
- I dispense with the requirement to serve this order on the tenant as there is no current address for service.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s21, s61
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5414408?
The tribunal order states: The requirement for service of notice of the hearing and of this order are
How much money was awarded in case 5414408?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5414408?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5414408?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12942034-Tenancy_Tribunal_Order.pdf.