What was Tenancy Tribunal case 5420309 about?

The tribunal order states: Application 5420670, seeking possession of the premises on the basis of

How much money was awarded in case 5420309?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,952.86 awarded to landlord

What type of tenancy dispute was case 5420309?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5420309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13060350-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5420309 about?

The tribunal order states: Application 5420670, seeking possession of the premises on the basis of

How much money was awarded in case 5420309?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,952.86 awarded to landlord

What type of tenancy dispute was case 5420309?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5420309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13060350-Tenancy_Tribunal_Order.pdf.

166A King Street, Whakatane, Whakatane 3120 Tenancy Tribunal Case 5420309 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5420309 — net $3,105.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 January 2026	$4,952.86	Rent arrears to 16 January 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,105.86
Total payable by Tenant to Landlord	$3,105.86

Application 5420670, seeking possession of the premises on the basis of abandonment under section 61 of the Act, is dismissed.

Application 5420309, seeking possession of the premises on the basis that the landlord requires the premises as his principal place of residence under section 51(2)(a) of the Act, is granted.

The tenancy of [The tenant/s] at 166A King Street, Whakatane, Whakatane 3120 is terminated, and possession is granted to [The landlord/s], at 11.59 pm, Friday 16 January 2026.

The Bond Centre is to pay the bond of $1,875.00 (bond number 3687709-002) as set out in the table below: DescriptionLandlord Rent arrears to 16 January 2026 Filing fee reimbursement $4,952.86 $28.00 Total award$4,980.86 Bond$1,875.00 Total payable by Tenant to Landlord$3,105.86

Reasons

The hearing was conducted via videoconference.

Mr Barker, the landlord, appeared by videoconference.

Mr Pororaki, the tenant, did not attend and did not contact the Tribunal seeking an adjournment or providing reasons for his non-attendance. I am satisfied that the tenant was properly served with notice of the hearing. The hearing proceeded in his absence. Background

Mr Barker issued the tenant with a notice terminating the tenancy under section 51(2)(a) of the Residential Tenancies Act 1986 (“the Act”). The notice relied on the landlord requiring the premises as his own place of residence.

The termination notice was served on the tenant by email on 14 November 2025. The notice required the tenant to vacate the premises by 16 January 2026. The validity of the notice was not challenged by the tenant.

Mr Barker filed application 5420309 on 23 December 2025 seeking termination of the tenancy and related orders. At the time this application was filed, the rent was at least 21 days overdue.

A second application, number 5420670, was filed on 24 December 2025 and was based on alleged abandonment of the premises. At the hearing, Mr Barker confirmed that he is no longer pursuing termination on the basis of abandonment. Findings

I am satisfied that the termination notice issued under section 51(2)(a) of the Act was validly issued and validly served. The tenant did not challenge the notice. The tenancy therefore lawfully terminated on 16 January 2026, with vacant possession required by that date.

I also note that at the time application 5420309 was filed, the rent arrears were at least 21 days overdue. Termination of the tenancy was therefore inevitable regardless of whether the landlord relied on rent arrears under section 55(1)(a) or the termination notice issued under section 51(2)(a) of the Act.

Given that the tenancy has properly ended pursuant to the termination notice, and that Mr Barker no longer pursues abandonment, it is neither necessary nor appropriate to determine the abandonment application.

The landlord has applied for possession of the premises following the termination of the tenancy.

The tenancy ended on 16 January 2026, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

Accordingly, the landlord’s application 5420309 for possession of the premises is granted. Filing fee

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5420309 — net $3,105.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 January 2026	$4,952.86	Rent arrears to 16 January 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,105.86
Total payable by Tenant to Landlord	$3,105.86

Order

Application 5420670, seeking possession of the premises on the basis of abandonment under section 61 of the Act, is dismissed.
Application 5420309, seeking possession of the premises on the basis that the landlord requires the premises as his principal place of residence under section 51(2)(a) of the Act, is granted.
The tenancy of [The tenant/s] at 166A King Street, Whakatane, Whakatane 3120 is terminated, and possession is granted to [The landlord/s], at 11.59 pm, Friday 16 January 2026.
The Bond Centre is to pay the bond of $1,875.00 (bond number 3687709-002) as set out in the table below: DescriptionLandlord Rent arrears to 16 January 2026 Filing fee reimbursement $4,952.86 $28.00 Total award$4,980.86 Bond$1,875.00 Total payable by Tenant to Landlord$3,105.86

Reasons

The hearing was conducted via videoconference.
Mr Barker, the landlord, appeared by videoconference.
Mr Pororaki, the tenant, did not attend and did not contact the Tribunal seeking an adjournment or providing reasons for his non-attendance. I am satisfied that the tenant was properly served with notice of the hearing. The hearing proceeded in his absence. Background
Mr Barker issued the tenant with a notice terminating the tenancy under section 51(2)(a) of the Residential Tenancies Act 1986 (“the Act”). The notice relied on the landlord requiring the premises as his own place of residence.
The termination notice was served on the tenant by email on 14 November 2025. The notice required the tenant to vacate the premises by 16 January 2026. The validity of the notice was not challenged by the tenant.
Mr Barker filed application 5420309 on 23 December 2025 seeking termination of the tenancy and related orders. At the time this application was filed, the rent was at least 21 days overdue.
A second application, number 5420670, was filed on 24 December 2025 and was based on alleged abandonment of the premises. At the hearing, Mr Barker confirmed that he is no longer pursuing termination on the basis of abandonment. Findings
I am satisfied that the termination notice issued under section 51(2)(a) of the Act was validly issued and validly served. The tenant did not challenge the notice. The tenancy therefore lawfully terminated on 16 January 2026, with vacant possession required by that date.
I also note that at the time application 5420309 was filed, the rent arrears were at least 21 days overdue. Termination of the tenancy was therefore inevitable regardless of whether the landlord relied on rent arrears under section 55(1)(a) or the termination notice issued under section 51(2)(a) of the Act.
Given that the tenancy has properly ended pursuant to the termination notice, and that Mr Barker no longer pursues abandonment, it is neither necessary nor appropriate to determine the abandonment application.
The landlord has applied for possession of the premises following the termination of the tenancy.
The tenancy ended on 16 January 2026, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
Accordingly, the landlord’s application 5420309 for possession of the premises is granted. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5420309 — Rent arrears at 166A King Street, Whakatane, Whakatane 3120

At a glance

Tenancy Tribunal case 5420309 — Rent arrears at 166A King Street, Whakatane, Whakatane 3120

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions