What was Tenancy Tribunal case 5471068 about?

The tribunal order states: The Tribunal orders suppression of the Tenant and Next of Kin name and

How much money was awarded in case 5471068?

Cleaning: $1,640.00 awarded to landlord

What type of tenancy dispute was case 5471068?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5471068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13560701-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5471068 about?

The tribunal order states: The Tribunal orders suppression of the Tenant and Next of Kin name and

How much money was awarded in case 5471068?

Cleaning: $1,640.00 awarded to landlord

What type of tenancy dispute was case 5471068?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5471068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13560701-Tribunal_Order_Redacted.pdf.

6 Sapphire Place, Bayview, Auckland 0629 Tenancy Tribunal Case 5471068 — Cleanliness

Claims and awards in Tenancy Tribunal application 5471068 — net $1,640.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Contribution to arrears, cleaning costs and filing fee on the application	$1,640.00	Contribution to arrears, cleaning costs and filing fee on the application
Net award	$1,640.00
Bond	$1,640.00
Total payable by Tenant to Landlord	$1,640.00

Order

The Tribunal orders suppression of the Tenant name and identifying details and the next of kin’s identifying details.
The hearing is adjourned.
A further 60 minutes should be allowed for the next hearing of this matter, scheduled before me by video conference on the next available date.
The landlord must before the next hearing date: a. attempt to serve a notice terminating the tenancy on the tenant’s personal representative or next of kin under section 50A(1)(b) Residential Tenancies Act 1986 (RTA); or b. attempt to agree in writing with the tenant’s personal representative or next of kin on a termination date of the tenancy under section 50A(1)(c) RTA.

Reasons

The landlord attended the hearing. Application
The landlord has applied to the Tribunal, without notice to the respondent tenant, for an order terminating the tenancy under section 50A(2) Residential Tenancies Act 1986 following the death of the tenant on 17 March 2026. The landlord also seeks refund of the bond of $1,640 bond held at the Bond Centre, to cover rent arrears and compensation for cleaning of the premises following the tenant’s death.
I indicated at the hearing that I would terminate the tenancy and make further orders concerning the bond after the landlord provided a proper rent summary. However, on reviewing the evidence and the provisions of the RTA, I consider that I cannot make orders terminating the tenancy at this point. The law
Section 50 RTA sets out the circumstances in which a tenancy terminates. Section 50 (ab) provides that a tenancy terminates on the death of a sole tenant “in accordance with section 50A” of the RTA.
Section 50A RTA provides as follows 50ATermination following death of sole tenant (1) On the death of a sole tenant under a tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the tenancy agreement terminates on the earliest of the following dates: (a) the date that is the 21st day after the date on which the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant: (b) the date that is the 21st day after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement: (c) the date that is agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin: (d) the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under subsection (2). (2) If a landlord is unable to give notice to vacate under subsection (1)(b), the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy.
The references to “personal representative” and “next of kin” in section 50A are not defined in the RTA.
The definition of a tenant in s2 RTA incudes the personal representative of a deceased tenant. The personal representative is the person responsible for managing the estate of the deceased tenant. This could include an executor if the deceased tenant left a will. If there is no will, or no named executor, the court may appoint an administrator to manage the estate. Both of these people would be considered a personal representative.
Where there is no formally appointed personal representative, s50A provides for notices to be given by or to the “next of kin”. While not defined in the RTA, “next of kin” generally means the closest living blood relative of the deceased who may act in certain situations where there is no formal representative. This might include a spouse or civil partner, adult child, parent, sibling, and so on. Background facts
The tenancy is a periodic tenancy which commenced in 2017. However, the latest tenancy agreement commenced on 16 December 2024.
The landlord discovered that the tenant died at the premises on 17 March 2026. The landlord also provided evidence from the Department of Forensic Pathology and Coroner’s Office confirming the tenant’s death.
The landlord stated that he had been listed as the tenant’s next of kin for some purposes. While, I accept that may be the case, the landlord was unable to provide written evidence to that effect. However, the landlord also confirmed that he has been in email contact with the tenant’s daughter living in Australia (from whom the tenant was estranged). The tenant’s daughter supplied the landlord with copies of communications to her from the Department of Forensic Pathology and Coroner’s Office.
The landlord says that he was told by the tenant that he had a will, but he has no further information and the landlord has not been contacted by anyone appointed as the executor of the tenant’s estate.
I am satisfied that the landlord has been in contact with the tenant’s daughter and, in the absence of evidence to the contrary, she must be considered the tenant’s “next of kin” Can the Tribunal terminate the tenancy under s50A(2) RTA?
The tenancy has not yet terminated in accordance with section 50A. The landlord indicated that he has not been served with any notice from the tenant’s personal representative or next of kin.
The landlord has also not served the tenant’s personal representative or next of kin (i.e. the tenant’s daughter) with a notice to vacate under s50A(1)(b) RTA nor reached an agreement with the next of kin as to the termination date under s50A(1)(c) RTA.
I consider that I am only able to terminate the tenancy under s50A(2) if the landlord has been unable to give a notice to vacate the tenancy or to agree a termination date under ss50A(1)(b) or (c) RTA. 1
There is no proof that the landlord has been unable to terminate the tenancy under these provisions. Therefore, the landlord must attempt to do so first of all. The hearing is adjourned to give the landlord that opportunity.
Should the landlord be unable to terminate the tenancy, I will consider termination at the next hearing. The landlord’s claims for rent arrears and cleaning costs will also be considered at the next hearing.

Should the proceedings be served on the next of kin?

I consider that the tenant’s daughter ought to be served with a copy of the proceedings in her capacity as next of kin, so that she has an opportunity to represent the tenant if she wishes to do so and if it is appropriate. That issue will be considered at the next hearing.
The parties will be notified in writing by Tenancy Services of the date and time of the next video hearing.
It is appropriate to suppress the names of the deceased tenant and next of kin, as there is no public interest in their names being published.

Claims and awards in Tenancy Tribunal application 5471068 — net $1,640.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Contribution to arrears, cleaning costs and filing fee on the application	$1,640.00	Contribution to arrears, cleaning costs and filing fee on the application
Net award	$1,640.00
Bond	$1,640.00
Total payable by Tenant to Landlord	$1,640.00

Order

The Tribunal orders suppression of the Tenant name and identifying details and the next of kin’s identifying details.
The hearing is adjourned.
A further 60 minutes should be allowed for the next hearing of this matter, scheduled before me by video conference on the next available date.
The landlord must before the next hearing date: a. attempt to serve a notice terminating the tenancy on the tenant’s personal representative or next of kin under section 50A(1)(b) Residential Tenancies Act 1986 (RTA); or b. attempt to agree in writing with the tenant’s personal representative or next of kin on a termination date of the tenancy under section 50A(1)(c) RTA.

Reasons

The landlord attended the hearing. Application
The landlord has applied to the Tribunal, without notice to the respondent tenant, for an order terminating the tenancy under section 50A(2) Residential Tenancies Act 1986 following the death of the tenant on 17 March 2026. The landlord also seeks refund of the bond of $1,640 bond held at the Bond Centre, to cover rent arrears and compensation for cleaning of the premises following the tenant’s death.
I indicated at the hearing that I would terminate the tenancy and make further orders concerning the bond after the landlord provided a proper rent summary. However, on reviewing the evidence and the provisions of the RTA, I consider that I cannot make orders terminating the tenancy at this point. The law
Section 50 RTA sets out the circumstances in which a tenancy terminates. Section 50 (ab) provides that a tenancy terminates on the death of a sole tenant “in accordance with section 50A” of the RTA.
Section 50A RTA provides as follows 50ATermination following death of sole tenant (1) On the death of a sole tenant under a tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the tenancy agreement terminates on the earliest of the following dates: (a) the date that is the 21st day after the date on which the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant: (b) the date that is the 21st day after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement: (c) the date that is agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin: (d) the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under subsection (2). (2) If a landlord is unable to give notice to vacate under subsection (1)(b), the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy.
The references to “personal representative” and “next of kin” in section 50A are not defined in the RTA.
The definition of a tenant in s2 RTA incudes the personal representative of a deceased tenant. The personal representative is the person responsible for managing the estate of the deceased tenant. This could include an executor if the deceased tenant left a will. If there is no will, or no named executor, the court may appoint an administrator to manage the estate. Both of these people would be considered a personal representative.
Where there is no formally appointed personal representative, s50A provides for notices to be given by or to the “next of kin”. While not defined in the RTA, “next of kin” generally means the closest living blood relative of the deceased who may act in certain situations where there is no formal representative. This might include a spouse or civil partner, adult child, parent, sibling, and so on. Background facts
The tenancy is a periodic tenancy which commenced in 2017. However, the latest tenancy agreement commenced on 16 December 2024.
The landlord discovered that the tenant died at the premises on 17 March 2026. The landlord also provided evidence from the Department of Forensic Pathology and Coroner’s Office confirming the tenant’s death.
The landlord stated that he had been listed as the tenant’s next of kin for some purposes. While, I accept that may be the case, the landlord was unable to provide written evidence to that effect. However, the landlord also confirmed that he has been in email contact with the tenant’s daughter living in Australia (from whom the tenant was estranged). The tenant’s daughter supplied the landlord with copies of communications to her from the Department of Forensic Pathology and Coroner’s Office.
The landlord says that he was told by the tenant that he had a will, but he has no further information and the landlord has not been contacted by anyone appointed as the executor of the tenant’s estate.
I am satisfied that the landlord has been in contact with the tenant’s daughter and, in the absence of evidence to the contrary, she must be considered the tenant’s “next of kin” Can the Tribunal terminate the tenancy under s50A(2) RTA?
The tenancy has not yet terminated in accordance with section 50A. The landlord indicated that he has not been served with any notice from the tenant’s personal representative or next of kin.
The landlord has also not served the tenant’s personal representative or next of kin (i.e. the tenant’s daughter) with a notice to vacate under s50A(1)(b) RTA nor reached an agreement with the next of kin as to the termination date under s50A(1)(c) RTA.
I consider that I am only able to terminate the tenancy under s50A(2) if the landlord has been unable to give a notice to vacate the tenancy or to agree a termination date under ss50A(1)(b) or (c) RTA. 1
There is no proof that the landlord has been unable to terminate the tenancy under these provisions. Therefore, the landlord must attempt to do so first of all. The hearing is adjourned to give the landlord that opportunity.
Should the landlord be unable to terminate the tenancy, I will consider termination at the next hearing. The landlord’s claims for rent arrears and cleaning costs will also be considered at the next hearing.

Should the proceedings be served on the next of kin?

I consider that the tenant’s daughter ought to be served with a copy of the proceedings in her capacity as next of kin, so that she has an opportunity to represent the tenant if she wishes to do so and if it is appropriate. That issue will be considered at the next hearing.
The parties will be notified in writing by Tenancy Services of the date and time of the next video hearing.
It is appropriate to suppress the names of the deceased tenant and next of kin, as there is no public interest in their names being published.

Tenancy Tribunal case 5471068 — Cleanliness at 6 Sapphire Place, Bayview, Auckland 0629

At a glance

Tenancy Tribunal case 5471068 — Cleanliness at 6 Sapphire Place, Bayview, Auckland 0629

At a glance

Award balance

Claims & awards

Order

Reasons

Should the proceedings be served on the next of kin?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the proceedings be served on the next of kin?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions