Published tribunal order
Tenancy Tribunal case 5500393 — Rent arrears at 16B Normandy Place, Henderson, Auckland 0610
Decided 23 Jun 2026 · Published 23 Jun 2026 · Application 5500393
- Rent arrears
Party names are redacted in the official published order.
Order
- The tenant’s name and identifying details must not be published.
- The Tribunal declares that the tenancy ended on 15 May 2026.
- [The tenant] must pay Col Rental Limited $1,212.90 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,320.00 ([Bond number suppressed]) to Col Rental Limited immediately. DescriptionLandlord Rent arrears to 15 May 2026$3,231.43 Power$274.31 Water$27.16 Total award$3,532.90 Bond$2,320.00 Balance tenant must pay$1,212.90
Reasons
- The tenant attended for himself.
- William Zhu attended for the landlord.
- Jennifer Kim, a Korean interpreter, attended to assist with Mr Zhu’s participation in the hearing as occasionally required. Background
- The tenancy was for a fixed term and was meant to continue until 7 December 2026. However, the tenant suffered changed circumstances. His business, which had previously flourished, failed. He suffered cash flow problems which eventually led him to closing his business and taking an employed role in Rotorua.
- On 8 March 2026, the tenant and the landlord into an agreement that the landlord would advertise the premises for rent, the tenant would pay for the advertising in the sum of $530.00 plus GST, and the tenant would continue to pay rent until a new tenant moved in.
- The landlord secured a new tenancy for the premises which was to begin on 16 May 2026. However, in the meantime, failed to pay rent for about four weeks.
- The landlord’s principal was so incensed with the tenant going into arrears he directed the landlord to repudiate the contract between the landlord and the tenant for reletting the premises. The principal also repudiated the tenancy contract that had been arranged for the new tenant. Consequently, the tenancy is continuing.
- The landlord seeks termination, rent arrears to yesterday, water arrears, and power arrears.
- The tenant seeks compensation for the landlord breaching the reletting contract.
- The issues for determination are: a. To what date is the tenant liable for rent? b. Must the tenant pay the advertising costs due under the contract?
To what date is the tenant liable for rent?
- While it was undoubtedly infuriating to the landlord, the tenant being in rent arrears did not justify the landlord cancelling the contract. If the landlord had not repudiated the contract, the tenancy would have ended on 15 June 2026.
- To restore the tenant to the position he would have been had the landlord not wrongly cancelled the contract, he is liable to pay rent only to 15 June 2026.
- Mr Zhu provided a rent summary which provided reliable evidence for determining the tenant’s arrears to that date.
Must the tenant pay the advertising costs?
- The landlord repudiated the contract. That being so, the landlord is not entitled under the contract to the consideration the tenant agreed to. The repudiation caused the tenant considerable distress and inconvenience. It would not be fair to order the tenant to pay the landlord the benefit of a contract in these circumstances.
- I find the tenant is not liable to pay for the advertising costs.
What does the tenant owe for water and power?
- Mr Zhu provided water and power summaries showing what the tenant owes for water and power.
- I order accordingly. Bond
- The Bond Centre is to pay the bond out to the landlord in part payment of the tenant’s debt under this order. Non-publication
- The tenant seeks an order for non-publication.
- The tenant substantially succeeded in the proceedings. I do not consider that publication is in the public interest or is justified because of the tenant’s conduct or any other circumstances of the case. 1
- It follows, the Tribunal orders non-publication of the tenant’s name and identifying details.