Tenantcheck Insights · Case study
Tenancy Tribunal case 5416005 — Rent arrears at 174 Nile Road, Forrest Hill, Auckland 0620
Decided 16 February 2026 · Published 16 February 2026 · Application 5416005
Mixed / unclear
- Rent arrears
- Healthy homes
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
M Allan
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 tenancy of Tran Thi Xuan at 174 Nile Road, Forrest Hill, Auckland 0620 is terminated, and possession is granted to Climber Property Ltd immediately.
- The landlord’s claims for rent arrears, compensation for damage, and reimbursement of the filing fee are adjourned to allow the landlord the opportunity to file further evidence.
- A further two hours should be allowed for the next hearing of this matter, scheduled before me on the next available date.
Reasons
- Only the landlord attended the hearing. There was no appearance by the tenant. I am satisfied that the tenant has been served with the landlord’s application and so the hearing proceeded in the tenant’s absence.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation for damage and refund of the bond.
- This tenancy began on 9 July 2023. The current landlord took over management of this tenancy on 7 October 2024.
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 8 December 2025 the landlord became aware that the tenant had abandoned the premises. The landlord was contacted by the Police who had executed a search warrant at the property only days before. The landlord attended at the property to discover the remains of a large cannabis growing operation.
- The landlord produced a copy of the search warrant and photos of the state of the property. The property is in a state of disarray, no beds are set up and nobody is living there. Large holes have been cut in the ceiling, walls and floor to accommodate a ventilation system. There is significant fire and water damage.
- The landlord has been unable to contact the tenant. The landlord’s last contact with the tenant was in October 2025 when the tenant advised that they were overseas. The landlord explained that the tenant had sought to delay and cancel prior inspections.
- I am satisfied that the property has been abandoned. The landlord became aware that the tenant had abandoned the premises on 8 December 2025.
- The last rent payment was made on 30 November 2025.
- Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
- The landlord is entitled to rent up to 21 days after the date that they became aware that the tenancy had been abandoned. See section 61(3)(a)(i) Residential Tenancies Act 1986.
- The landlord will file a rent summary showing rent owing to that date.
- The landlord also seeks compensation for damage in the amount of $28,265.85. The landlord must produce additional information to prove their claim as follows: a. evidence showing the condition of the property at the start of the tenancy; b. insurance information (including information as to whether the landlord has insurance cover and a claim has been approved) 1 . Further hearing
- This matter will be allocated a further hearing to determine the rent arrears and compensation for damage.
- The landlord also indicated that they may include a separate claim for rubbish removal as part of their claim. If so, they should file an invoice for rubbish removal for the Tribunal to consider.
- The landlord must file all additional evidence at least 2 working days prior to the next hearing.
- The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s49B(8), s61, s61(3)
Key findings
- Dispute theme: rent arrears
- Dispute theme: healthy homes
Property management
- Climber Property Ltd (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5416005?
The tribunal order states: The tenancy of Tran Thi Xuan at 174 Nile Road, Forrest Hill, Auckland 0620 is
How much money was awarded in case 5416005?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5416005?
The primary dispute was Rent arrears. Related themes: Healthy homes.
Where can I read the official tribunal order for case 5416005?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13128218-Tenancy_Tribunal_Order.pdf.