Tenantcheck Insights · Case study
Tenancy Tribunal case 5441609 — Rent arrears at Unit/Flat Flat 13, 80 Primrose Street, Frankton, Hamilton
Decided 24 February 2026 · Published 24 February 2026 · Application 5441609
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Hamilton
Tribunal region
Adjudicator
K Henry
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| outs Hamilton As Agent For John May As Trustee Of The Trudy May Family Trust, immediately. 2. The tenant is to pay the l | $28.00 | outs Hamilton As Agent For John May As Trustee Of The Trudy May Family Trust, immediately. 2. The tenant is to pay the l |
Claims and awards for application 5441609. Verify on MoJ.
outs Hamilton As Agent For John May As Trustee Of The Trudy May Family Trust, immediately. 2. The tenant is to pay the l
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- outs Hamilton As Agent For John May As Trustee Of The Trudy May Family Trust, immediately. 2. The tenant is to pay the l
Order
- The tenancy of Patrick Wainohu at Unit/Flat Flat 13, 80 Primrose Street, Frankton, Hamilton 3204 is terminated, and possession is granted to Ktw Limited T/A Property Scouts Hamilton As Agent For John May As Trustee Of The Trudy May Family Trust, immediately.
- The tenant is to pay the landlord $28.00 immediately, being the application fee.
Reasons
- The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA of the Residential Tenancies Act 1986 (RTA).
- This Order has been made on the papers in accordance with section 91AA of the RTA.
Are there grounds for an expedited application?
- I am satisfied that the two requirements for the expedited process are met: a. The tenant does not want to contest the abandonment application; and b. The information provided by the landlord with the application is sufficient to enable the Tribunal to determine it properly without a hearing (either on the basis of that information alone or with only minor clarifications).
Should the tenancy be terminated?
- The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears at the hearing date. (See section 61 of the RTA.) A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations.
- On 11 February 2026, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. This was the date that the landlord visited the premises. The landlord has provided photographs of that visit which show that it is more likely than not that the premises have been abandoned.
- The landlord has also provided rent records which show that the tenant is in rent arrears.
- As the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.
- All the requirements for an expedited abandonment application have been met. If the landlord has other claims relating to this tenancy, the landlord should lodge a new application with the Tribunal. Filing fee:
- The landlord has wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s61, s91AA
Key findings
- Dispute theme: rent arrears
- Dispute theme: filing fee
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5441609?
The tribunal order states: The tenancy of Patrick Wainohu at Unit/Flat Flat 13, 80 Primrose Street,
How much money was awarded in case 5441609?
Outs Hamilton As Agent For John May…: $28.00 awarded to landlord
What type of tenancy dispute was case 5441609?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5441609?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13176527-Tenancy_Tribunal_Order.pdf.