What was Tenancy Tribunal case 5437529 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 5437529?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,057.14 awarded to landlord

What type of tenancy dispute was case 5437529?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5437529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13508160-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5437529 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 5437529?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,057.14 awarded to landlord

What type of tenancy dispute was case 5437529?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5437529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13508160-Tribunal_Order_Redacted.pdf.

Unit/Flat Apartment 6J, 205 Hobson Street, Auckland Tenancy Tribunal Case 5437529 — Rent arrears

Claims and awards in Tenancy Tribunal application 5437529 — net $1,245.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 December 2025	$4,057.14	Rent arrears to 31 December 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,245.14
Total payable by Tenant to Landlord	$1,245.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Sheng Bi and Lei Hou must pay [The landlord/s] $1,245.14 immediately, being rent arrears to 31 December 2025 and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears to 31 December 2025$4,057.14 Filing fee reimbursement$28.00 Total award$4,085.14 Minus Bond- $2,840.00 Total payable by Tenant to Landlord$1,245.14
The term of the fixed-term tenancy of Sheng Bi and Lei Hou at Unit/Flat Apartment 6J, 205 Hobson Street, Auckland Central, Auckland 1010, Hobson Gardens Tower 1 is reduced and ended on 31 December 2025.
The Bond Centre is to refund the bond to Crockers Property Management Limited immediately.

Reasons

Both parties attended the hearing. Mr Sheng Bi was on the telephone from China, and Mrs Bella was his representative in the hearing along with a Mandarin interpreter. Mr Bi was appearing for both tenants.
The Landlord was unwell on the morning of the hearing so appeared on the telephone as well.
The landlord had filed a claim for rent arrears after the tenant left a fixed term tenancy early and reimbursement of the filing fee. The tenants filed a counterclaim seeking a reduction of their fixed term tenancy, refund of the bond and reimbursement of the filing fee. Background:
The tenancy commenced on 10 August 2024 and was fixed until 10 October 2025. On 11 October 2025, the tenant entered into another fixed term tenancy until 3 April 2026.
On 13 November 2025, the tenant contacted the landlord seeking to end the fixed term tenancy early due to being assaulted on the street outside the apartment building. The parties did not reach an agreement immediately, but the landlord was agreeable to the early release subject to finding a new tenant.
The difficulty with the early release from the tenancy is that at that time of the year, just prior to Christmas, it is unlikely that a new tenant would be found.
Eight days later on 21 November 2025 the tenants left the apartment and returned to China.
One of the tenants claim that he was assaulted outside the apartment building and that the premises are therefore unsafe. Issues to Determine:
Are the tenants entitled to terminate the fixed-term tenancy early due to safety concerns arising from the assault?
Are the tenants entitled to a refund of the bond? Relevant Law:
Section 56 of the Residential Tenancies Act 1986 (RTA) allows a tenant to apply for early termination if the landlord has breached their obligations under the Act and the breach is serious enough to justify termination.
The landlord’s obligations include providing and maintaining the premises in a reasonable state of repair and ensuring the premises are reasonably secure. Findings:
The assault occurred outside the apartment building. There is no evidence that the landlord has failed to provide reasonable security for the premises or that the assault was a result of any breach of the landlord’s obligations under the RTA.
The tenant says that the security camera outside the building did not capture the assault and therefore the security is inadequate to provide safety for the tenants.
The landlord points out that the assault was on the street and not the actual apartment building. The landlord states that the building is safe as to enter the building you must have a swipe card and again to access your floor in the building.
The landlord claimed that this was a one-off incident unrelated to the apartment and that there are hundreds of people living in the building and if there were safety concerns, they would have known about them. There had been no other safety concerns expressed that the landlord knew of from other tenants in the building.
This was a very unfortunate experience that the tenant suffered. The landlord sought to help by releasing the tenants early but sought some notice of the tenant’s intention to leave. I do not find that the landlord has breached their obligations under the RTA or tenancy agreement. Therefore, I find the tenants have not established that the landlord has breached any obligations under the RTA.
As the fixed-term tenancy has not been lawfully terminated, the tenants are not entitled to an immediate refund of the bond.
The tenant may end the tenancy early only if the landlord agrees, or if the Tribunal is satisfied that the landlord has breached their obligations, and that breach justifies early termination. That is not the case here.
However, the tenants left the apartment on 21 November 2025 and the landlord is only seeking rent until 31 December 2025. I consider this a very reasonable approach by the landlord.
The landlord has applied for rent arrears and has provided rent records which prove the amount of $4057.14 owing to 31 December 2025. Order:
The fixed term tenancy terminated on 31 December 2025.
The tenant’s application for a refund of the bond is dismissed. Bond/ Filing Fee/ Suppression:
The bond centre is to refund the bond to the landlord immediately, to offset the debt owed by the tenant to the landlord.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression of their name and details and as they have been successful, I am granting suppression.

Claims and awards in Tenancy Tribunal application 5437529 — net $1,245.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 December 2025	$4,057.14	Rent arrears to 31 December 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,245.14
Total payable by Tenant to Landlord	$1,245.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Sheng Bi and Lei Hou must pay [The landlord/s] $1,245.14 immediately, being rent arrears to 31 December 2025 and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears to 31 December 2025$4,057.14 Filing fee reimbursement$28.00 Total award$4,085.14 Minus Bond- $2,840.00 Total payable by Tenant to Landlord$1,245.14
The term of the fixed-term tenancy of Sheng Bi and Lei Hou at Unit/Flat Apartment 6J, 205 Hobson Street, Auckland Central, Auckland 1010, Hobson Gardens Tower 1 is reduced and ended on 31 December 2025.
The Bond Centre is to refund the bond to Crockers Property Management Limited immediately.

Reasons

Both parties attended the hearing. Mr Sheng Bi was on the telephone from China, and Mrs Bella was his representative in the hearing along with a Mandarin interpreter. Mr Bi was appearing for both tenants.
The Landlord was unwell on the morning of the hearing so appeared on the telephone as well.
The landlord had filed a claim for rent arrears after the tenant left a fixed term tenancy early and reimbursement of the filing fee. The tenants filed a counterclaim seeking a reduction of their fixed term tenancy, refund of the bond and reimbursement of the filing fee. Background:
The tenancy commenced on 10 August 2024 and was fixed until 10 October 2025. On 11 October 2025, the tenant entered into another fixed term tenancy until 3 April 2026.
On 13 November 2025, the tenant contacted the landlord seeking to end the fixed term tenancy early due to being assaulted on the street outside the apartment building. The parties did not reach an agreement immediately, but the landlord was agreeable to the early release subject to finding a new tenant.
The difficulty with the early release from the tenancy is that at that time of the year, just prior to Christmas, it is unlikely that a new tenant would be found.
Eight days later on 21 November 2025 the tenants left the apartment and returned to China.
One of the tenants claim that he was assaulted outside the apartment building and that the premises are therefore unsafe. Issues to Determine:
Are the tenants entitled to terminate the fixed-term tenancy early due to safety concerns arising from the assault?
Are the tenants entitled to a refund of the bond? Relevant Law:
Section 56 of the Residential Tenancies Act 1986 (RTA) allows a tenant to apply for early termination if the landlord has breached their obligations under the Act and the breach is serious enough to justify termination.
The landlord’s obligations include providing and maintaining the premises in a reasonable state of repair and ensuring the premises are reasonably secure. Findings:
The assault occurred outside the apartment building. There is no evidence that the landlord has failed to provide reasonable security for the premises or that the assault was a result of any breach of the landlord’s obligations under the RTA.
The tenant says that the security camera outside the building did not capture the assault and therefore the security is inadequate to provide safety for the tenants.
The landlord points out that the assault was on the street and not the actual apartment building. The landlord states that the building is safe as to enter the building you must have a swipe card and again to access your floor in the building.
The landlord claimed that this was a one-off incident unrelated to the apartment and that there are hundreds of people living in the building and if there were safety concerns, they would have known about them. There had been no other safety concerns expressed that the landlord knew of from other tenants in the building.
This was a very unfortunate experience that the tenant suffered. The landlord sought to help by releasing the tenants early but sought some notice of the tenant’s intention to leave. I do not find that the landlord has breached their obligations under the RTA or tenancy agreement. Therefore, I find the tenants have not established that the landlord has breached any obligations under the RTA.
As the fixed-term tenancy has not been lawfully terminated, the tenants are not entitled to an immediate refund of the bond.
The tenant may end the tenancy early only if the landlord agrees, or if the Tribunal is satisfied that the landlord has breached their obligations, and that breach justifies early termination. That is not the case here.
However, the tenants left the apartment on 21 November 2025 and the landlord is only seeking rent until 31 December 2025. I consider this a very reasonable approach by the landlord.
The landlord has applied for rent arrears and has provided rent records which prove the amount of $4057.14 owing to 31 December 2025. Order:
The fixed term tenancy terminated on 31 December 2025.
The tenant’s application for a refund of the bond is dismissed. Bond/ Filing Fee/ Suppression:
The bond centre is to refund the bond to the landlord immediately, to offset the debt owed by the tenant to the landlord.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression of their name and details and as they have been successful, I am granting suppression.

Tenancy Tribunal case 5437529 — Rent arrears at Unit/Flat Apartment 6J, 205 Hobson Street, Auckland

At a glance

Tenancy Tribunal case 5437529 — Rent arrears at Unit/Flat Apartment 6J, 205 Hobson Street, Auckland

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