How much money was awarded in case 5442349?

Ing Of All Goods With No Saleable Va…: $9,900.00 awarded to landlord

What type of tenancy dispute was case 5442349?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5442349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13421403-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5442349?

Ing Of All Goods With No Saleable Va…: $9,900.00 awarded to landlord

What type of tenancy dispute was case 5442349?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5442349?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13421403-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5442349 — Rent arrears

Q: What was Tenancy Tribunal case 5442349 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5442349. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ing of all goods with no saleable value as the landlord sees fit. 6. The amount owing to the applicant out of the procee	$9,900.00		ing of all goods with no saleable value as the landlord sees fit. 6. The amount owing to the applicant out of the procee

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

The tenancy of Tina Marie Ewart at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately. The Tribunal grants leave for this order to be enforced immediately pursuant to section 138 of the District Court Act 2016 and section 106(2) of the Residential Tenancies Act 1986.

Tina Marie Ewart must pay [The landlord/s] $9,900.00 immediately, being rent arrears to 9 April 2026.

[The landlord/s] must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

After Sunday 12 April 2026 the landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $9,900.00.

[The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing today by videoconference.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, payment of rent arrears, and an order for disposal of goods.

There is no remaining bond. Termination

The Tribunal may terminate a tenancy for breach where due to the nature or extent of the breach, it would be inequitable to refuse to terminate.

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

The tenant has breached their obligations by not paying the rent, by interfering with the reasonable peace, comfort or privacy of other persons residing in the neighbourhood (section 40(2)(c)) and by allegedly engaging in anti-social behaviour. The tenant is also in breach by burning unauthorised materials and creating a nuisance at the premises pursuant to section 29 of the Health Act 1956. One of the letters from Wellington Council notes that the burning of prohibited materials has caused toxic smoke affecting neighbouring properties. The landlord says that these activities are continuing.

The breaches are probably not capable of remedy. Further, the tenant has been warned not to burn waste materials with resultant health concerns for nearby residents.

The tenants are also in significant rent arrears (the weekly rent is $700.00) equal to about 14 weeks of rent payments.

For all these reasons, it would be inequitable to refuse to terminate the tenancy. Rent Arrears

The landlord explained how the rent arrears have been calculated, and although no rent summary was provided, I accept that the tenants have not paid any rent since the end of 2026. I award the amount claimed for rent arrears. Disposal of Goods

The landlord has applied for disposal of the tenant’s goods. Usually, an order of this kind is made after the tenant has left the premises at the end of the tenancy. However, given the nature of the issues at the premises, it seems likely that the landlord will require a disposal order.

This disposal order is not to take effect until the tenant has had an opportunity to collect the goods within the period specified above.

It is not practicable for the landlord to return the goods to the tenant. Some of the goods may have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre.

The landlord may dispose of any goods that have no saleable value. Filing Fee and Name Suppression

The landlord’s application has been successful. The filing fee must be awarded.

Suppression is granted as requested.

Claims and awards in Tenancy Tribunal application 5442349. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ing of all goods with no saleable value as the landlord sees fit. 6. The amount owing to the applicant out of the procee	$9,900.00		ing of all goods with no saleable value as the landlord sees fit. 6. The amount owing to the applicant out of the procee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Tina Marie Ewart at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately. The Tribunal grants leave for this order to be enforced immediately pursuant to section 138 of the District Court Act 2016 and section 106(2) of the Residential Tenancies Act 1986.
Tina Marie Ewart must pay [The landlord/s] $9,900.00 immediately, being rent arrears to 9 April 2026.
[The landlord/s] must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
After Sunday 12 April 2026 the landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $9,900.00.
[The landlord/s] must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing today by videoconference.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, payment of rent arrears, and an order for disposal of goods.
There is no remaining bond. Termination
The Tribunal may terminate a tenancy for breach where due to the nature or extent of the breach, it would be inequitable to refuse to terminate.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The tenant has breached their obligations by not paying the rent, by interfering with the reasonable peace, comfort or privacy of other persons residing in the neighbourhood (section 40(2)(c)) and by allegedly engaging in anti-social behaviour. The tenant is also in breach by burning unauthorised materials and creating a nuisance at the premises pursuant to section 29 of the Health Act 1956. One of the letters from Wellington Council notes that the burning of prohibited materials has caused toxic smoke affecting neighbouring properties. The landlord says that these activities are continuing.
The breaches are probably not capable of remedy. Further, the tenant has been warned not to burn waste materials with resultant health concerns for nearby residents.
The tenants are also in significant rent arrears (the weekly rent is $700.00) equal to about 14 weeks of rent payments.
For all these reasons, it would be inequitable to refuse to terminate the tenancy. Rent Arrears
The landlord explained how the rent arrears have been calculated, and although no rent summary was provided, I accept that the tenants have not paid any rent since the end of 2026. I award the amount claimed for rent arrears. Disposal of Goods
The landlord has applied for disposal of the tenant’s goods. Usually, an order of this kind is made after the tenant has left the premises at the end of the tenancy. However, given the nature of the issues at the premises, it seems likely that the landlord will require a disposal order.
This disposal order is not to take effect until the tenant has had an opportunity to collect the goods within the period specified above.
It is not practicable for the landlord to return the goods to the tenant. Some of the goods may have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre.
The landlord may dispose of any goods that have no saleable value. Filing Fee and Name Suppression
The landlord’s application has been successful. The filing fee must be awarded.
Suppression is granted as requested.

Tenancy Tribunal case 5442349 — Rent arrears

At a glance

Claims & awards

Tenancy Tribunal case 5442349 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions