What was Tenancy Tribunal case 5474131 about?

The tribunal order states: The tenancy of [The tenant/s] and [The tenant/s] at Unit 620A, 20 Park

How much money was awarded in case 5474131?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,561.43 awarded to landlord

What type of tenancy dispute was case 5474131?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5474131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13512792-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5474131 about?

The tribunal order states: The tenancy of [The tenant/s] and [The tenant/s] at Unit 620A, 20 Park

How much money was awarded in case 5474131?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,561.43 awarded to landlord

What type of tenancy dispute was case 5474131?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5474131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13512792-Tenancy_Tribunal_Order.pdf.

Unit 620A, 20 Park Avenue, Ellerslie, Auckland 1051 Tenancy Tribunal Case 5474131 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5474131 — net $2,229.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/04/2026	$4,561.43	Rent arrears to 28/04/2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,229.43
Total payable by Tenant to Landlord	$2,229.43

The tenancy of [The tenant/s] and [The tenant/s] at Unit 620A, 20 Park Avenue, Ellerslie, Auckland 1051 is terminated, and possession is granted to Staircase Property Management Limited, at 5:00pm on 28 April 2026.

[The tenant/s] and [The tenant/s] must pay Staircase Property Management Limited $2,229.43 immediately, calculated as shown in the table below:

The Bond Centre is to pay the bond of $2,360.00 (BN-00150483) to Staircase Property Management Limited immediately.

Reasons

Only the landlord’s representative attended the hearing held by video conference today. The tenants did not attend, and the phone number did not connect. I continued the hearing because they have been emailed notice and reminders of the hearing date and time, and been sent the application, to their address for service.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

This is a fixed term tenancy up until 25 September 2026.

The landlord made its application on 24 March 2026 when the rent was 33 days in arrears.

On 2 April 2026, the landlord applied to amend its application to seek termination of the tenancy on the grounds the tenants had abandoned the premises.

Should the tenancy be terminated?

The law says that the Tribunal must make either a final or conditional termination order (this allows the tenant a chance to repay rent arrears) if rent is at least 21 days in arrears on the date the application was filed or on the date of the hearing. Sections 55(1)(a) and 55(1A) Residential Tenancies Act 1986 (RTA).

The landlord has provided a rent ledger which proves there is rent owing up to the hearing date of $4,561.43. This is 54 days in arrears.

The tenancy must be terminated on the grounds of rent arrears. I order possession to the landlord as of 5:00pm today.

The landlord also says the premises are abandoned.

The property manager gave oral evidence in the hearing that he inspected the premises on 20 March 2026 and discovered rotting food in the house (fruit and rice in a rice-cooker). He also said he had tried to telephone the tenants at least three times prior to that date and several more times afterwards but with no success.

Photographs taken during the inspection that day were provided in the hearing. These show personal items including clothes and toiletries still in the wardrobe, bathroom and in drawers. The fridge is full of food, dishes and utensils remain and the bed is made with linen. A half-eaten bowl of noodles is on the table.

Another staff member also gave oral evidence. She said she entered the premises on 31 March 2026 for maintenance purposes (the tenants had reported a dishwasher fault several weeks earlier). She gave oral evidence that the premises looked exactly as they did in the photos taken on 20 March 2026 including that food remained and had further decomposed.

I have decided to terminate the tenancy immediately based on the application that rent is in arrears. This is what was notified to the tenants.

I agree that the premises are abandoned.

How much rent is owing?

The landlord seeks payment of rent up to the possession date of $4,561.43.

The landlord did not apply to the Tribunal until the rent was already 33 days in arrears. This is nearly five weeks.

The landlord could have made its application sooner and been granted possession sooner. The Tribunal is busy so there is a wait time before a hearing.

I note that a landlord may apply for an expedited (fast-track) possession order where it has evidence that premises are abandoned. An order may be made without a hearing and within 10 working days. See Abandoned premises » Tenancy Services

On the other hand, the tenants signed a binding fixed term contract, have not been able to be contacted, and have left the premises with rent owing and not intending to return or to pay the rent they owe.

I award the rent claimed by the landlord up to the possession date. End of tenancy costs and disposal of tenant goods

A landlord can deal with tenant goods left at the premises without a Tribunal order provided they follow the process in the Act. This includes trying to contact the tenant and giving them a reasonable time to collect the goods. See Abandoned goods » Tenancy Services

The landlord may dispose of perishable items immediately.

The landlord can make a new application to the Tribunal for any other costs it incurs related to the end of the tenancy. Bond and suppression

The bond is refunded to the landlord in full.

The balance is owing by the tenants.

The landlord could have expedited this application and, by so doing, probably reduced the rent debt. I have decided not to suppress its name in the public interest. The tenants’ names are not suppressed as they are in breach of their obligations.

Claims and awards in Tenancy Tribunal application 5474131 — net $2,229.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/04/2026	$4,561.43	Rent arrears to 28/04/2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,229.43
Total payable by Tenant to Landlord	$2,229.43

Order

The tenancy of [The tenant/s] and [The tenant/s] at Unit 620A, 20 Park Avenue, Ellerslie, Auckland 1051 is terminated, and possession is granted to Staircase Property Management Limited, at 5:00pm on 28 April 2026.
[The tenant/s] and [The tenant/s] must pay Staircase Property Management Limited $2,229.43 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $2,360.00 (BN-00150483) to Staircase Property Management Limited immediately.

Reasons

Only the landlord’s representative attended the hearing held by video conference today. The tenants did not attend, and the phone number did not connect. I continued the hearing because they have been emailed notice and reminders of the hearing date and time, and been sent the application, to their address for service.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
This is a fixed term tenancy up until 25 September 2026.
The landlord made its application on 24 March 2026 when the rent was 33 days in arrears.
On 2 April 2026, the landlord applied to amend its application to seek termination of the tenancy on the grounds the tenants had abandoned the premises.

Should the tenancy be terminated?

The law says that the Tribunal must make either a final or conditional termination order (this allows the tenant a chance to repay rent arrears) if rent is at least 21 days in arrears on the date the application was filed or on the date of the hearing. Sections 55(1)(a) and 55(1A) Residential Tenancies Act 1986 (RTA).
The landlord has provided a rent ledger which proves there is rent owing up to the hearing date of $4,561.43. This is 54 days in arrears.
The tenancy must be terminated on the grounds of rent arrears. I order possession to the landlord as of 5:00pm today.
The landlord also says the premises are abandoned.
The property manager gave oral evidence in the hearing that he inspected the premises on 20 March 2026 and discovered rotting food in the house (fruit and rice in a rice-cooker). He also said he had tried to telephone the tenants at least three times prior to that date and several more times afterwards but with no success.
Photographs taken during the inspection that day were provided in the hearing. These show personal items including clothes and toiletries still in the wardrobe, bathroom and in drawers. The fridge is full of food, dishes and utensils remain and the bed is made with linen. A half-eaten bowl of noodles is on the table.
Another staff member also gave oral evidence. She said she entered the premises on 31 March 2026 for maintenance purposes (the tenants had reported a dishwasher fault several weeks earlier). She gave oral evidence that the premises looked exactly as they did in the photos taken on 20 March 2026 including that food remained and had further decomposed.
I have decided to terminate the tenancy immediately based on the application that rent is in arrears. This is what was notified to the tenants.
I agree that the premises are abandoned.

How much rent is owing?

The landlord seeks payment of rent up to the possession date of $4,561.43.
The landlord did not apply to the Tribunal until the rent was already 33 days in arrears. This is nearly five weeks.
The landlord could have made its application sooner and been granted possession sooner. The Tribunal is busy so there is a wait time before a hearing.
I note that a landlord may apply for an expedited (fast-track) possession order where it has evidence that premises are abandoned. An order may be made without a hearing and within 10 working days. See Abandoned premises » Tenancy Services
On the other hand, the tenants signed a binding fixed term contract, have not been able to be contacted, and have left the premises with rent owing and not intending to return or to pay the rent they owe.
I award the rent claimed by the landlord up to the possession date. End of tenancy costs and disposal of tenant goods
A landlord can deal with tenant goods left at the premises without a Tribunal order provided they follow the process in the Act. This includes trying to contact the tenant and giving them a reasonable time to collect the goods. See Abandoned goods » Tenancy Services
The landlord may dispose of perishable items immediately.
The landlord can make a new application to the Tribunal for any other costs it incurs related to the end of the tenancy. Bond and suppression
The bond is refunded to the landlord in full.
The balance is owing by the tenants.
The landlord could have expedited this application and, by so doing, probably reduced the rent debt. I have decided not to suppress its name in the public interest. The tenants’ names are not suppressed as they are in breach of their obligations.

Tenancy Tribunal case 5474131 — Rent arrears at Unit 620A, 20 Park Avenue, Ellerslie, Auckland 1051

At a glance

Tenancy Tribunal case 5474131 — Rent arrears at Unit 620A, 20 Park Avenue, Ellerslie, Auckland 1051

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much rent is owing?

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 rent is owing?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions