Published tribunal order
Tenancy Tribunal case 5562917 — Rent arrears at 13 Stoddart Terrace, RD 1, Diamond Harbour 8971
Decided 27 Aug 2026 · Published 27 Aug 2026 · Application 5562917
- Rent arrears
Order
- The Tribunal declares that the tenancy of [The tenant/s] tenant/s] at 13 Stoddart Terrace, RD 1, Diamond Head, has been abandoned.
- The tenancy is terminated, and possession ordered to return to the Landlord as of 1 September 2026.
- [The tenant/s] tenant/s] to pay [The tenant/s] landlord/s] and Partners Limited T/A Bayleys Property Management Canterbury as Agent for Sam Helps the sum of $5,585.71, being rent arrears as of 1 September 2026.
- [The tenant/s] tenant/s] to pay [The tenant/s] landlord/s] and Partners Limited T/A Bayleys Property Management Canterbury as Agent for Sam Helps the sum of $29.00, being the filing fee paid to commence this proceeding.
Reasons
- Only the landlord attended the video hearing today. I am satisfied that the tenant has been properly notified of the hearing, noting that the tenant has contacted the Tribunal in relation to this matter.
- The landlord applies for an order terminating the tenancy, and the payment of rent.
Should the tenancy be terminated?
- The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 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.
- In this case, the evidence is that the tenant advised the landlord she wished to leave, and that the tenant has departed the premises, returning the keys to the landlord. The landlord confirmed that the hearing today, that the premises are empty.
- The tenancy is a fixed-term tenancy due to end on 13 September 2026. Strictly, the tenant is liable for rent arrears until the end of the fixture period, but in this case, the landlord has a new tenancy commencing on 1 September 2026, and seeks the tenancy to terminate as of that date. That application is in the tenant’s interest and ordered.
How much does the tenant owe?
- The Tribunal accepts that the rent arrears as of 1 September 2026, will be $5,585.71. That is ordered. The Tribunal's records record there is no bond, so the tenant will need to pay that money in full.