What was Tenancy Tribunal case 5509894 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5509894?

Property Damage: $3,861.41 awarded to landlord; Rent Arrears: $928.98 awarded to landlord

What type of tenancy dispute was case 5509894?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5509894?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13735647-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5509894 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5509894?

Property Damage: $3,861.41 awarded to landlord; Rent Arrears: $928.98 awarded to landlord

What type of tenancy dispute was case 5509894?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5509894?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13735647-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5509894 — Property damage

Claims and awards in Tenancy Tribunal application 5509894 — net $4,790.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears & rent in lieu of notice to 05/06/2026	$928.98	Rent arrears & rent in lieu of notice to 05/06/2026
Repair damage to fire door	$3,861.41	Repair damage to fire door
Net award	$4,790.39
Total payable by Tenant to Landlord	$4,790.39

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
The tenancy is terminated on the grounds of abandonment pursuant to section 61 of the Residential Tenancies Act 1986. The tenancy is deemed to have terminated on 15 May 2026. The landlord is granted immediate possession
[The tenant/s] must pay Kāinga Ora–Homes And Communities $4,790.39 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing which was held by video conference. The tenant did not attend. I am satisfied that adequate service of the hearing notice has been completed and considered it reasonable to proceed with the hearing.
This matter concerns an application by Kāinga Ora (“the landlord”) seeking termination of the tenancy on the grounds of abandonment pursuant to section 61 of the Residential Tenancies Act 1986 (the Act). In the alternative, the landlord sought termination for breach of the tenancy agreement arising from the tenant’s prolonged non-occupation of the premises and failure to remedy a notice issued under section 56 of the Act. The landlord also claims rent arrears and compensation for damages.
The landlord bears the onus, on the balance of probabilities, of proving the claims.

Has the tenancy been abandoned?

Section 61 of the Act permits a landlord to apply for an order declaring that premises have been abandoned where the landlord has reasonable grounds to believe the tenant has abandoned the premises and rent is owing.
Whether abandonment has occurred is determined objectively from the surrounding circumstances. The question is whether the tenant has ceased to occupy the premises as a residence and has effectively relinquished possession.
The evidence establishes the following facts. • The tenancy commenced on 17 February 2025. The tenant occupied the premises alone. • On 23 March 2026 the landlord attended the premises regarding missed rent payments. The tenant’s mother advised that the tenant was in custody and being held on remand. She further advised that she was overseeing the unit during his absence. • The landlord subsequently contacted the tenant’s lawyer seeking information regarding the tenant’s anticipated return. The landlord was advised that electronic bail hearings were scheduled. Further enquiries were made throughout April and May 2026. • On 24 March 2026 the landlord issued a breach notice requiring the tenant to return to occupation of the premises. The notice expired on 13 April 2026. The breach was not remedied. • On 31 March 2026 the landlord issued a further notice relating to rent arrears. That notice was likewise not remedied. • The landlord conducted a further visit on 10 April 2026 and was advised that bail had been declined and the tenant remained in custody. • On 6 May 2026 the tenant’s lawyer confirmed that the tenant had again been declined bail and remained detained at Mt Eden Corrections Facility. • The landlord then arranged an abandonment inspection. A notice of entry was issued on 13 May 2026 for an inspection on 15 May 2026. • The inspection undertaken on 15 May 2026 established that all personal belongings had been removed from the premises and the keys had been left inside the kitchen.
I accept the landlord’s evidence regarding these matters. The evidence is detailed, internally consistent and supported by contemporaneous records.
The tenant has remained in custody since approximately early March 2026. There is no evidence of any confirmed release date, any intention to resume occupation, or any steps taken by the tenant to preserve the tenancy. Significantly, by 15 May 2026 the premises had been cleared of personal possessions and the keys had been left behind.
While imprisonment does not automatically result in abandonment of a tenancy, the surrounding circumstances in this case go considerably further. The tenant has been absent from the premises for an extended period, has failed to remedy notices issued by the landlord, has accumulated ongoing rent arrears, has not resumed occupation, and the premises have been left vacant with all belongings removed and keys surrendered.
An updated rent summary produced by the landlord shows rent arrears of $966.69 owing to 8 June 2026.
Taken together, these factors establish on the balance of probabilities that the tenant abandoned the premises.
I therefore find that the tenancy was abandoned and should be terminated pursuant to section 61 of the Act.
The inspection conducted on 15 May 2026 is the first date on which the landlord was able to objectively confirm that the premises had been vacated and all belongings removed. I therefore consider it appropriate to deem the tenancy terminated on 15 May 2026. Rent arrears
The landlord also seeks rent arrears.
Section 40(1)(a) of the Act requires a tenant to pay rent when due.
Although the tenancy is deemed terminated by abandonment on 15 May 2026, the tenant would ordinarily have been required to provide 21 days’ notice to terminate the tenancy. I am satisfied it is appropriate to award rent in lieu of notice. Accordingly, the tenant remains liable for rent until 5 June 2026, being 21 days after the date of abandonment.
Accordingly, I am satisfied that rent arrears of $928.98 have been established and should be awarded. Tenant damage claim
Section 40(2)(a) requires a tenant to ensure that neither the tenant nor any person on the premises with the tenant’s consent intentionally or carelessly damages the premises. Where damage is caused by a tenant’s intentional or careless act or omission, the landlord may recover compensation for the resulting loss, subject to limitations set out in the Act.
The landlord refers to damage to a fire door and claims a repair cost of $3,861.41.
I am satisfied that the tenant caused damage to the fire door, lock and surrounding frame when he forced entry into the premises after losing his keys. The landlord produced photographs of the damage together with a signed “Repairs Due to Tenant Liability Damage” authorisation form dated 10 February 2026 in which the tenant acknowledged responsibility for the damage. The landlord has established a loss of $3,861.41 and is entitled to compensation in that amount. Suppression order
The tenant did not apply for suppression. However, the Tribunal may consider suppression on its own initiative. Having regard to section 95A of the Act, I am satisfied that publication of the tenant’s name and identifying particulars would be likely to cause hardship that outweighs the public interest in publication. The application arises primarily from the tenant’s incarceration and resulting inability to occupy the premises. Identification would effectively disclose personal circumstances relating to the tenant’s detention, despite those matters not being the subject of determination by the Tribunal. The public interest is adequately served by publication of the Tribunal’s reasoning without identifying the tenant. Accordingly, suppression of the tenant’s name and identifying details is granted.

Claims and awards in Tenancy Tribunal application 5509894 — net $4,790.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears & rent in lieu of notice to 05/06/2026	$928.98	Rent arrears & rent in lieu of notice to 05/06/2026
Repair damage to fire door	$3,861.41	Repair damage to fire door
Net award	$4,790.39
Total payable by Tenant to Landlord	$4,790.39

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
The tenancy is terminated on the grounds of abandonment pursuant to section 61 of the Residential Tenancies Act 1986. The tenancy is deemed to have terminated on 15 May 2026. The landlord is granted immediate possession
[The tenant/s] must pay Kāinga Ora–Homes And Communities $4,790.39 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing which was held by video conference. The tenant did not attend. I am satisfied that adequate service of the hearing notice has been completed and considered it reasonable to proceed with the hearing.
This matter concerns an application by Kāinga Ora (“the landlord”) seeking termination of the tenancy on the grounds of abandonment pursuant to section 61 of the Residential Tenancies Act 1986 (the Act). In the alternative, the landlord sought termination for breach of the tenancy agreement arising from the tenant’s prolonged non-occupation of the premises and failure to remedy a notice issued under section 56 of the Act. The landlord also claims rent arrears and compensation for damages.
The landlord bears the onus, on the balance of probabilities, of proving the claims.

Has the tenancy been abandoned?

Section 61 of the Act permits a landlord to apply for an order declaring that premises have been abandoned where the landlord has reasonable grounds to believe the tenant has abandoned the premises and rent is owing.
Whether abandonment has occurred is determined objectively from the surrounding circumstances. The question is whether the tenant has ceased to occupy the premises as a residence and has effectively relinquished possession.
The evidence establishes the following facts. • The tenancy commenced on 17 February 2025. The tenant occupied the premises alone. • On 23 March 2026 the landlord attended the premises regarding missed rent payments. The tenant’s mother advised that the tenant was in custody and being held on remand. She further advised that she was overseeing the unit during his absence. • The landlord subsequently contacted the tenant’s lawyer seeking information regarding the tenant’s anticipated return. The landlord was advised that electronic bail hearings were scheduled. Further enquiries were made throughout April and May 2026. • On 24 March 2026 the landlord issued a breach notice requiring the tenant to return to occupation of the premises. The notice expired on 13 April 2026. The breach was not remedied. • On 31 March 2026 the landlord issued a further notice relating to rent arrears. That notice was likewise not remedied. • The landlord conducted a further visit on 10 April 2026 and was advised that bail had been declined and the tenant remained in custody. • On 6 May 2026 the tenant’s lawyer confirmed that the tenant had again been declined bail and remained detained at Mt Eden Corrections Facility. • The landlord then arranged an abandonment inspection. A notice of entry was issued on 13 May 2026 for an inspection on 15 May 2026. • The inspection undertaken on 15 May 2026 established that all personal belongings had been removed from the premises and the keys had been left inside the kitchen.
I accept the landlord’s evidence regarding these matters. The evidence is detailed, internally consistent and supported by contemporaneous records.
The tenant has remained in custody since approximately early March 2026. There is no evidence of any confirmed release date, any intention to resume occupation, or any steps taken by the tenant to preserve the tenancy. Significantly, by 15 May 2026 the premises had been cleared of personal possessions and the keys had been left behind.
While imprisonment does not automatically result in abandonment of a tenancy, the surrounding circumstances in this case go considerably further. The tenant has been absent from the premises for an extended period, has failed to remedy notices issued by the landlord, has accumulated ongoing rent arrears, has not resumed occupation, and the premises have been left vacant with all belongings removed and keys surrendered.
An updated rent summary produced by the landlord shows rent arrears of $966.69 owing to 8 June 2026.
Taken together, these factors establish on the balance of probabilities that the tenant abandoned the premises.
I therefore find that the tenancy was abandoned and should be terminated pursuant to section 61 of the Act.
The inspection conducted on 15 May 2026 is the first date on which the landlord was able to objectively confirm that the premises had been vacated and all belongings removed. I therefore consider it appropriate to deem the tenancy terminated on 15 May 2026. Rent arrears
The landlord also seeks rent arrears.
Section 40(1)(a) of the Act requires a tenant to pay rent when due.
Although the tenancy is deemed terminated by abandonment on 15 May 2026, the tenant would ordinarily have been required to provide 21 days’ notice to terminate the tenancy. I am satisfied it is appropriate to award rent in lieu of notice. Accordingly, the tenant remains liable for rent until 5 June 2026, being 21 days after the date of abandonment.
Accordingly, I am satisfied that rent arrears of $928.98 have been established and should be awarded. Tenant damage claim
Section 40(2)(a) requires a tenant to ensure that neither the tenant nor any person on the premises with the tenant’s consent intentionally or carelessly damages the premises. Where damage is caused by a tenant’s intentional or careless act or omission, the landlord may recover compensation for the resulting loss, subject to limitations set out in the Act.
The landlord refers to damage to a fire door and claims a repair cost of $3,861.41.
I am satisfied that the tenant caused damage to the fire door, lock and surrounding frame when he forced entry into the premises after losing his keys. The landlord produced photographs of the damage together with a signed “Repairs Due to Tenant Liability Damage” authorisation form dated 10 February 2026 in which the tenant acknowledged responsibility for the damage. The landlord has established a loss of $3,861.41 and is entitled to compensation in that amount. Suppression order
The tenant did not apply for suppression. However, the Tribunal may consider suppression on its own initiative. Having regard to section 95A of the Act, I am satisfied that publication of the tenant’s name and identifying particulars would be likely to cause hardship that outweighs the public interest in publication. The application arises primarily from the tenant’s incarceration and resulting inability to occupy the premises. Identification would effectively disclose personal circumstances relating to the tenant’s detention, despite those matters not being the subject of determination by the Tribunal. The public interest is adequately served by publication of the Tribunal’s reasoning without identifying the tenant. Accordingly, suppression of the tenant’s name and identifying details is granted.

Tenancy Tribunal case 5509894 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5509894 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Has the tenancy been abandoned?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Has the tenancy been abandoned?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions