Tenantcheck Insights · Case study
Tenancy Tribunal case 5453993 — Rent arrears at 12 Great South Road, Otahuhu, Auckland 1062
Decided 30 March 2026 · Published 30 March 2026 · Application 5453993
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
B King
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $9,451.50
- Total balance for Tenant to pay Landlord
- $7,011.50
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 13 March 2026 | $9,000.00 | Rent arrears to 13 March 2026 | |
| Water rates to reading 13 February 2026 | $423.50 | Water rates to reading 13 February 2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $7,011.50 | ||
| Total payable by Tenant to Landlord | $7,011.50 |
Claims and awards for application 5453993 — net $7,011.50 NZD. Verify on MoJ.
Rent arrears to 13 March 2026
- Amount
- $9,000.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 13 March 2026
Water rates to reading 13 February 2026
- Amount
- $423.50
- Awarded to
- Landlord
- Reason
- Water rates to reading 13 February 2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $7,011.50
Total payable by Tenant to Landlord
Landlord $7,011.50
Claim types — money lines allowed on this order
Order
- The tenancy of Elisapeta Siliva at 12 Great South Road, Otahuhu, Auckland 1062 is terminated, and possession is granted to Mgmt Market Limited as Agent for Adam Stubeli, immediately.
- The Bond Centre is to pay the bond of $2,440.00 (BN-00162667) to Mgmt Market Limited as Agent for Adam Stubeli, immediately.
- Elisapeta Siliva must pay Mgmt Market Limited as Agent for Adam Stubeli $7,011.50 immediately, calculated as shown below:
Reasons
- The landlord attended the hearing which was held by videoconference.
- A call made to the tenant’s phone was answered but was ended immediately. A follow up call went to voicemail.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
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.
- The landlord received a message in January from the tenant’s phone saying it was a message from the tenant’s sister and that the tenant had passed away. The landlord asked for more information but nothing was received.
- The landlord later did a drive by the premises and saw someone leaving, who looked like the tenant, the premises were still occupied. A later visit on 20 February showed the premises had been vacated.
- The landlord says that the tenant’s social media account is still active.
How much does the tenant owe?
- A tenancy with a sole tenant, ends 21 days after the landlord is notified that the tenant has died. 1
- The message received by the landlord did not properly identify the sender as the tenant’s personal representative or next of kin. The landlord had justifiable doubts about whether the tenant had in fact died.
- I do not find that the message was sufficient to end the tenancy.
- This tenancy had become a periodic tenancy from 26 January 2026 after the initial 12 month fixed term ended.
- The landlord became aware that the premises had been abandoned on 20 February 2026.
- The tenant is responsible for paying rent for 21 days from that date. 2
- The landlord has provided rent records proving the amount owing at the end of the tenancy.
- The landlord pas provided water rates records showing the amount of the unpaid water rates. 1 S.50A (1) RTA 2 S.61
- The landlord does not purse its other compensation claims today. A further application will be flied if required.
- Because the landlord has succeeded with the claims I reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s21, s61
Key findings
- Dispute theme: rent arrears
Property management
- MGMT Market Limited as agent for Adam Stubeli (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5453993?
The tribunal order states: The tenancy of Elisapeta Siliva at 12 Great South Road, Otahuhu, Auckland
How much money was awarded in case 5453993?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $9,000.00 awarded to landlord; Water Rates: $423.50 awarded to landlord
What type of tenancy dispute was case 5453993?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5453993?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13369258-Tenancy_Tribunal_Order.pdf.