Tenantcheck Insights · Case study
Tenancy Tribunal case 5490209 — Rent arrears at Unit/Flat Flat 1, 29A Vine Street, Mangere East, Auckland
Decided 6 May 2026 · Published 6 May 2026 · Application 5490209
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
J Setefano
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $466.90
- Bond payment as ordered
- −$208.00
- Total balance for Tenant to pay Landlord
- $258.90
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $466.90 | Rent arrears | |
| Net award | $258.90 | ||
| Total payable by Tenant to Landlord | $258.90 |
Claims and awards for application 5490209 — net $258.90 NZD. Verify on MoJ.
Rent arrears
- Amount
- $466.90
- Awarded to
- Landlord
- Reason
- Rent arrears
Net award
Landlord $258.90
Total payable by Tenant to Landlord
Landlord $258.90
Claim types — money lines allowed on this order
Order
- The tenancy of Leuta Poto at Flat 1, 29A Vine Street, Mangere East, Auckland 2024 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
- Leuta Poto must pay Kāinga Ora–Homes And Communities $258.90 immediately, calculated in the table below:
- The Bond Centre is to pay the bond of $208.00 (3195047-015) to Kāinga Ora– Homes And Communities immediately.
Reasons
- The landlord attended the hearing by video conference. The tenant did not attend. The Tribunal attempted to contact the tenant on the contact number provided in the application but without success. I am satisfied that adequate service of the hearing notice had been completed and considered it reasonable to proceed with the hearing in the absence of the tenant.
- 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 a tenancy where the premises have been abandoned and rent is in arrears at the hearing date pursuant to section 61 of the 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.
- This tenancy commenced on 5 October 2016. The tenancy agreement provided that the tenant was required to live at the premises at all times and that the premises were to be used principally as a home for the tenant and her family. The tenancy agreement further required the tenant to notify the landlord in writing if she intended to be away from the premises for more than 30 days.
- The evidence before the Tribunal establishes that the tenant has not resided at the premises since approximately 17 December 2025. The landlord became aware concerns existed regarding abandonment after being notified on 18 February 2026 by a maintenance contractor of fire damage within the kitchen area of the premises, including significant damage to the stove and rangehood. The landlord had not been notified of the fire incident by the tenant.
- Following this notification, the landlord made numerous attempts to contact the tenant, including telephone calls, voicemail messages, text messages, emails, and visits to the premises. Those attempts were unsuccessful.
- On 3 March 2026, the landlord attended the premises to undertake an annual inspection. The rear door was unlocked, and no person was present at the property. During that visit, a neighbouring resident advised the landlord that the tenant had departed for Samoa on 17 December 2025 and had not returned since that time.
- The landlord subsequently issued a Return to Property letter on 3 March 2026 requiring a response by 19 March 2026. The notice was emailed to the tenant’s address for service. No response was received.
- On 27 March 2026, the landlord made telephone contact with the tenant on a Samoa contact number. The tenant confirmed she had been in Samoa since 17 December 2025 and had travelled on a one-way ticket. Although the tenant indicated she may return to New Zealand within a couple of weeks, no evidence of return travel was ever provided despite the landlord specifically requesting confirmation of return flight details. Since that communication, the tenant has not engaged further with the landlord.
- The landlord also provided evidence from Integrity Services confirming the tenant remained outside New Zealand. Further, the landlord’s evidence establishes that the power supply at the premises had been disconnected.
- I am satisfied on the balance of probabilities that the tenant has vacated the premises without reasonable excuse, has failed to maintain occupation of the premises as required by the tenancy agreement, has failed to adequately communicate with the landlord regarding her absence, and has not demonstrated any genuine intention to return and resume occupation of the tenancy within a reasonable timeframe.
- I am also satisfied that the premises are no longer being used as the tenant’s principal place of residence and that the tenancy has effectively been abandoned within the meaning of section 61 of the Act.
- Rent arrears were owing at the date of hearing.
- As the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately pursuant to section 61 of the Residential Tenancies Act 1986.
How much does the tenant owe?
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I find the claim for rent arrears established in the amount of $466.90.
- The landlord waives the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s61
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5490209?
The tribunal order states: The tenancy of Leuta Poto at Flat 1, 29A Vine Street, Mangere East, Auckland
How much money was awarded in case 5490209?
Rent Arrears: $466.90 awarded to landlord
What type of tenancy dispute was case 5490209?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5490209?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13557015-Tenancy_Tribunal_Order.pdf.