How much money was awarded in case 5460132?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,408.56 awarded to landlord; Rent Due To 29.3.2026: $942.86 awarded to landlord

What type of tenancy dispute was case 5460132?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5460132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13310741-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5460132?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,408.56 awarded to landlord; Rent Due To 29.3.2026: $942.86 awarded to landlord

What type of tenancy dispute was case 5460132?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5460132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13310741-Tenancy_Tribunal_Order.pdf.

302 Halswell Road, Halswell, Christchurch 8025 Tenancy Tribunal Case 5460132 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5460132?

The tribunal order states: The tenancy of Kayla McElroy at 302 Halswell Road, Halswell, Christchurch 8025

Order

Claims and awards in Tenancy Tribunal application 5460132 — net $1,179.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18.3.2026	$2,408.56	Rent arrears to 18.3.2026
Rent due to 29.3.2026	$942.86	Rent due to 29.3.2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,179.42
Total payable by Tenant to Landlord	$1,179.42

The tenancy of Kayla McElroy at 302 Halswell Road, Halswell, Christchurch 8025 is terminated, and possession is granted to Red Chili Property Management, at

59pm on 18 March 2026.

Kayla McElroy must pay Red Chili Property Management $1,179.42 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $2,200.00 (BN-00064853) to Red Chili Property Management immediately.

Reasons

Only the landlord, represented by Ms Callister and Ms Chalmers attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time, either by video or telephone. As the tenant has been notified, the hearing proceeded.

This is a fixed term tenancy which began on 28 March 2025 and was due to end on 29 March 2026. The rent is $550.00 per week.

The landlord has applied for termination of the tenancy, rent arrears, payment from the bond and the filing fee. The application was submitted on the basis of abandonment.

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 of the Residential Tenancies Act 1986 (the RTA). 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.

In this case, the evidence shows that there was discussion between the landlord and tenant about ending the fixed term early. The landlord informed the tenant of her obligation to continue paying rent until the end of the fixed term, or until she entered into an agreement to end the tenancy early (a break lease agreement). The landlord was later notified by the tenant that she would be vacating the premises. The rent subsequently fell into arrears and a 14 day notice was issued on 18 February 2026. The keys have not been returned to the landlord.

In view of the tenant notifying the landlord that she was vacating, and the ongoing communication between the tenant and the landlord, the requirements under section 61 of the RTA for abandonment have not been satisfied. In this regard, while the tenant was in breach of her tenancy agreement, and has effectively repudiated the contract, the circumstances overall do not amount to abandonment.

This is consistent with the approach by the Tribunal in the case of Oxygen.co.nz Limited v Mundy and Cole, 1 where it was noted: Where a tenant makes it clear to the landlord by words or actions that they want to end a fixed term tenancy early, and they stop paying rent, this is a repudiation of the contract but not necessarily an abandonment. This is particularly so where the parties discuss ending the tenancy but cannot 1 [2020] NZTT Napier 4225871 agree on the terms. In this situation the landlord can terminate for rent arrears but not, in my view, for abandonment.

In this case, I consider the grounds for termination on the basis of rent arrears has been established. The landlord issued a 14 day notice to remedy the rent arrears on 18 February 2026. At the date of the hearing, rent was over 21 days in arrears, with the arrears totalling $2,408.56. Accordingly, the tenancy is terminated.

How much does the tenant owe?

Under a fixed term tenancy, a tenant has a contractual obligation to continue paying rent up to the end of the fixed term, unless the landlord agrees to release the tenant. 2 This means that a tenant cannot unilaterally break this obligation, and give notice to end the fixed term tenancy, since neither party is entitled to terminate unless by mutual consent or by order of the Tribunal.

As the tenant has repudiated the tenancy agreement, the landlord is entitled to be compensated for the loss that follows. This means the landlord can be compensated for loss of rent past the termination date. In this case, it is appropriate that the landlord is compensated for rent up to the end of the fixed term. Therefore, the tenant is liable for rent up to 29 March 2026, as awarded above.

The landlord provided rent records which establish the amount owing. According to the rent summary, the total rent payable up to 29 March 2026 is $3,351.42. Filing fee and name suppression

As the landlord has been successful, the tenant is to pay the landlord’s filing fee.

The landlord does not request name suppression.

Claims and awards in Tenancy Tribunal application 5460132 — net $1,179.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18.3.2026	$2,408.56	Rent arrears to 18.3.2026
Rent due to 29.3.2026	$942.86	Rent due to 29.3.2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,179.42
Total payable by Tenant to Landlord	$1,179.42

Order

The tenancy of Kayla McElroy at 302 Halswell Road, Halswell, Christchurch 8025 is terminated, and possession is granted to Red Chili Property Management, at
59pm on 18 March 2026.
Kayla McElroy must pay Red Chili Property Management $1,179.42 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $2,200.00 (BN-00064853) to Red Chili Property Management immediately.

Reasons

Only the landlord, represented by Ms Callister and Ms Chalmers attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time, either by video or telephone. As the tenant has been notified, the hearing proceeded.
This is a fixed term tenancy which began on 28 March 2025 and was due to end on 29 March 2026. The rent is $550.00 per week.
The landlord has applied for termination of the tenancy, rent arrears, payment from the bond and the filing fee. The application was submitted on the basis of abandonment.

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 of the Residential Tenancies Act 1986 (the RTA). 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.
In this case, the evidence shows that there was discussion between the landlord and tenant about ending the fixed term early. The landlord informed the tenant of her obligation to continue paying rent until the end of the fixed term, or until she entered into an agreement to end the tenancy early (a break lease agreement). The landlord was later notified by the tenant that she would be vacating the premises. The rent subsequently fell into arrears and a 14 day notice was issued on 18 February 2026. The keys have not been returned to the landlord.
In view of the tenant notifying the landlord that she was vacating, and the ongoing communication between the tenant and the landlord, the requirements under section 61 of the RTA for abandonment have not been satisfied. In this regard, while the tenant was in breach of her tenancy agreement, and has effectively repudiated the contract, the circumstances overall do not amount to abandonment.
This is consistent with the approach by the Tribunal in the case of Oxygen.co.nz Limited v Mundy and Cole, 1 where it was noted: Where a tenant makes it clear to the landlord by words or actions that they want to end a fixed term tenancy early, and they stop paying rent, this is a repudiation of the contract but not necessarily an abandonment. This is particularly so where the parties discuss ending the tenancy but cannot 1 [2020] NZTT Napier 4225871 agree on the terms. In this situation the landlord can terminate for rent arrears but not, in my view, for abandonment.
In this case, I consider the grounds for termination on the basis of rent arrears has been established. The landlord issued a 14 day notice to remedy the rent arrears on 18 February 2026. At the date of the hearing, rent was over 21 days in arrears, with the arrears totalling $2,408.56. Accordingly, the tenancy is terminated.

How much does the tenant owe?

Under a fixed term tenancy, a tenant has a contractual obligation to continue paying rent up to the end of the fixed term, unless the landlord agrees to release the tenant. 2 This means that a tenant cannot unilaterally break this obligation, and give notice to end the fixed term tenancy, since neither party is entitled to terminate unless by mutual consent or by order of the Tribunal.
As the tenant has repudiated the tenancy agreement, the landlord is entitled to be compensated for the loss that follows. This means the landlord can be compensated for loss of rent past the termination date. In this case, it is appropriate that the landlord is compensated for rent up to the end of the fixed term. Therefore, the tenant is liable for rent up to 29 March 2026, as awarded above.
The landlord provided rent records which establish the amount owing. According to the rent summary, the total rent payable up to 29 March 2026 is $3,351.42. Filing fee and name suppression
As the landlord has been successful, the tenant is to pay the landlord’s filing fee.
The landlord does not request name suppression.

Tenancy Tribunal case 5460132 — Rent arrears at 302 Halswell Road, Halswell, Christchurch 8025

At a glance

Tenancy Tribunal case 5460132 — Rent arrears at 302 Halswell Road, Halswell, Christchurch 8025

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions