What was the outcome of Tenancy Tribunal case 5254520?

The tribunal order states: The landlord’s correct name is Zeafield Management Limited.

How much money was awarded in case 5254520?

Rent Arrears: $1,971.43 awarded to landlord

What type of tenancy dispute was case 5254520?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5254520?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12387143-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5254520?

The tribunal order states: The landlord’s correct name is Zeafield Management Limited.

How much money was awarded in case 5254520?

Rent Arrears: $1,971.43 awarded to landlord

What type of tenancy dispute was case 5254520?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5254520?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12387143-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 2, 13 Chilcott Road, Henderson, Auckland Tenancy Tribunal Case 5254520 — Rent arrears

Claims and awards in Tenancy Tribunal application 5254520 — net $428.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 29.4.2025	$1,971.43		Rent arrears to 29.4.2025
Bond retained by the landlord		$2,400.00	Bond retained by the landlord
Total award	$1,971.43	$2,400.00
Net award		$428.57
Total payable by Landlord to Tenant		$428.57

Order

The landlord’s correct name is Zeafield Management Limited.
Zeafield Management Limited must pay Kenneth Hemana $428.57 immediately, calculated as shown in the table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing by video and telephone conference. Mr Samuel Chi-yu Pan represented the landlord.
The landlord has applied for rent arrears, compensation for cleaning, rubbish removal and damages, refund of the bond and the filing fee on the application, following termination of the tenancy. Background facts
This was a periodic tenancy that commenced on 31 March 2025. The premises were provided partially furnished. The tenancy agreement provided for occupancy by the tenant, Mr Hemana, and his son. The tenant paid the first week’s rent of $600 and 4 weeks rent totalling $2,400 as bond on 2 April 2025. No further rent payments were made.
Mr Pan says the tenant fell quickly into arrears and had unauthorised people living at the premises before the bond was lodged at the Bond Centre and, therefore, they did not lodge the bond before the tenancy was later ended.
When rent was not received for the second week, Mr Pan contacted the tenant who advised that his rent was being processed through WINZ.
On 29 April Mr Pan had still not received further rent due and served a formal 14-day notice on the tenant requiring him to pay the arrears. On the same day Mr Pan visited the premises and discovered that the tenant was no longer living there. An occupant advised Mr Pan that he had paid the tenant to stay at the property. Mr Pan says that the tenant had no permission to sublet the tenancy and he advised the occupant that he must vacate immediately. At the hearing he says he saw the occupants vacating on 30 April.
On 30 April at 10.55am, Mr Pan sent the tenant a text which read: “Hi...I’ve noticed you have other people at the property. Please call back asap. If I don’t hear from you today I will be changing the door lock number and code.”
This was followed by an email at 11.35am on 30 April in which Mr Pan advised that he had changed the access code stating: “There has been two occasions where I am seen people other than yourself staying at the property. The property is only intended for yourself and your son. I have tried contact you on your phone. There was a male and female moving things out of the property. Because I have provided you with most of the furniture. I have since changed the access code so that the other people don’t take my furniture with them. Please give me a call so we can sort this out.”
Mr Pan claims that he also sent the tenant a message advising him that he would give him the codes to access the property should he need access. The tenant did not reply and Mr Pan sent a text message on 5 May advising: “Hi...our tenancy has ended. No rent has been paid since you moved in. You have people that are not registered on the tenancy staying at the property. The door lock and code has been changed.”
Mr Hemana does not greatly dispute the above facts with regard to leaving the property and not paying rent. However, he explained at the hearing that he only stayed at the property a few days and fled after being assaulted there by unknown persons. He says Police attended the assault incident after being called by neighbours but he does not have a Police report. He says he doesn’t know the subsequent occupiers. He also did not know how to redirect his WINZ payments for rent.
Mr Hemana acknowledges that he did not notify the landlord about what happened nor give notice to end the tenancy. However, he did not want to return after the assault. He says he did not receive Mr Pan’s messages because he left his phone at the premises following the assault. Discussion
While I understand that Mr Pan felt he needed to take swift steps to prevent possible unlawful occupation of the premises and steps to mitigate rent arrears, the manner in which he changed the access codes, took possession of the premises, and ended the tenancy was unlawful and breached the landlord’s many obligations under the Residential Tenancies Act 1986 (RTA) which include the following: a. Section 38(2) in which the landlord shall not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant; b. Sections 50 and 51 which prescribe the process for terminating tenancies by notice; c. Sections 55, 56 and 61 which prescribe the grounds for applying to the Tribunal for orders terminating the tenancy; d. Section 60AA which provides that the landlord commits an unlawful act if they give or purport to give a notice to terminate to the tenant or apply or purport to apply to the Tribunal for an order terminating the tenancy knowing that they are not entitled, under this Act, to give the notice or to make the application; and most importantly e. Section 63 which provides that no person shall enter into possession of any residential premises in the occupation of a tenant except with the consent of the tenant or pursuant to an order for possession made by the Tribunal and duly enforced in accordance with section 106 . The section also provides that a breach of 63(1) is also an offence under s63(2).
In short, by changing the access codes for the premises, Mr Pan took unlawful possession of the premises and effectively terminated the tenancy confirmed in his subsequent text message on 5 May. These actions breach the many applicable provisions of the RTA regulating how a tenancy may be terminated, which apply regardless of the tenant’s failures and breaches. In the absence of the tenant’s explicit consent to terminate, the landlord was required to either give the appropriate notice to terminate or apply to the Tribunal for termination on appropriate grounds, such as rent arrears or abandonment.
It follows that after taking possession of the premises and terminating the tenancy unlawfully, the landlord may not recover from the tenant the losses flowing from those unlawful actions. Those are properly borne by the landlord as a consequence of the unlawful acts. That is for two reasons. First, it is because the tenant was not afforded the opportunity to vacate the premises and leave then in a reasonably clean and tidy condition and repair any damage caused during the tenancy.
Secondly, it is a fundamental principle that a party be denied relief where they have engaged in inequitable misconduct. This is known as “the clean hands” doctrine. This aligns with section 85 RTA which allows the Tribunal to exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises, according to the general principles of the law relating to the matter and the substantial merits and justice of the case.

Is the landlord entitled to rent arrears?

I am satisfied that the landlord is entitled to recover rent arrears owed up to the date of the unlawful taking of possession. The access codes were changed on the morning of 30 April. Therefore, I award arrears to 29 April.
The landlord has provided rent records which prove the amount owing.

Is the landlord entitled to further compensation following termination?

The landlord seeks reimbursement of the costs incurred to clean the premises, remove rubbish and carry out minor repairs after taking unlawful possession. Those claims are dismissed for the reasons set out in paragraphs 12-15 above. Payment of bond
The landlord did not lodge the bond with the Bond Centre and has retained those funds. The balance bond after deduction of the rent arrears must be returned to the tenant. Filing fee
As the landlord has only partly succeeded with their claim, and given my comments about their unlawful actions, I do not award reimbursement of the filing fee. K Stirling, 09 September 2025

Claims and awards in Tenancy Tribunal application 5254520 — net $428.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 29.4.2025	$1,971.43		Rent arrears to 29.4.2025
Bond retained by the landlord		$2,400.00	Bond retained by the landlord
Total award	$1,971.43	$2,400.00
Net award		$428.57
Total payable by Landlord to Tenant		$428.57

Order

The landlord’s correct name is Zeafield Management Limited.
Zeafield Management Limited must pay Kenneth Hemana $428.57 immediately, calculated as shown in the table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing by video and telephone conference. Mr Samuel Chi-yu Pan represented the landlord.
The landlord has applied for rent arrears, compensation for cleaning, rubbish removal and damages, refund of the bond and the filing fee on the application, following termination of the tenancy. Background facts
This was a periodic tenancy that commenced on 31 March 2025. The premises were provided partially furnished. The tenancy agreement provided for occupancy by the tenant, Mr Hemana, and his son. The tenant paid the first week’s rent of $600 and 4 weeks rent totalling $2,400 as bond on 2 April 2025. No further rent payments were made.
Mr Pan says the tenant fell quickly into arrears and had unauthorised people living at the premises before the bond was lodged at the Bond Centre and, therefore, they did not lodge the bond before the tenancy was later ended.
When rent was not received for the second week, Mr Pan contacted the tenant who advised that his rent was being processed through WINZ.
On 29 April Mr Pan had still not received further rent due and served a formal 14-day notice on the tenant requiring him to pay the arrears. On the same day Mr Pan visited the premises and discovered that the tenant was no longer living there. An occupant advised Mr Pan that he had paid the tenant to stay at the property. Mr Pan says that the tenant had no permission to sublet the tenancy and he advised the occupant that he must vacate immediately. At the hearing he says he saw the occupants vacating on 30 April.
On 30 April at 10.55am, Mr Pan sent the tenant a text which read: “Hi...I’ve noticed you have other people at the property. Please call back asap. If I don’t hear from you today I will be changing the door lock number and code.”
This was followed by an email at 11.35am on 30 April in which Mr Pan advised that he had changed the access code stating: “There has been two occasions where I am seen people other than yourself staying at the property. The property is only intended for yourself and your son. I have tried contact you on your phone. There was a male and female moving things out of the property. Because I have provided you with most of the furniture. I have since changed the access code so that the other people don’t take my furniture with them. Please give me a call so we can sort this out.”
Mr Pan claims that he also sent the tenant a message advising him that he would give him the codes to access the property should he need access. The tenant did not reply and Mr Pan sent a text message on 5 May advising: “Hi...our tenancy has ended. No rent has been paid since you moved in. You have people that are not registered on the tenancy staying at the property. The door lock and code has been changed.”
Mr Hemana does not greatly dispute the above facts with regard to leaving the property and not paying rent. However, he explained at the hearing that he only stayed at the property a few days and fled after being assaulted there by unknown persons. He says Police attended the assault incident after being called by neighbours but he does not have a Police report. He says he doesn’t know the subsequent occupiers. He also did not know how to redirect his WINZ payments for rent.
Mr Hemana acknowledges that he did not notify the landlord about what happened nor give notice to end the tenancy. However, he did not want to return after the assault. He says he did not receive Mr Pan’s messages because he left his phone at the premises following the assault. Discussion
While I understand that Mr Pan felt he needed to take swift steps to prevent possible unlawful occupation of the premises and steps to mitigate rent arrears, the manner in which he changed the access codes, took possession of the premises, and ended the tenancy was unlawful and breached the landlord’s many obligations under the Residential Tenancies Act 1986 (RTA) which include the following: a. Section 38(2) in which the landlord shall not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant; b. Sections 50 and 51 which prescribe the process for terminating tenancies by notice; c. Sections 55, 56 and 61 which prescribe the grounds for applying to the Tribunal for orders terminating the tenancy; d. Section 60AA which provides that the landlord commits an unlawful act if they give or purport to give a notice to terminate to the tenant or apply or purport to apply to the Tribunal for an order terminating the tenancy knowing that they are not entitled, under this Act, to give the notice or to make the application; and most importantly e. Section 63 which provides that no person shall enter into possession of any residential premises in the occupation of a tenant except with the consent of the tenant or pursuant to an order for possession made by the Tribunal and duly enforced in accordance with section 106 . The section also provides that a breach of 63(1) is also an offence under s63(2).
In short, by changing the access codes for the premises, Mr Pan took unlawful possession of the premises and effectively terminated the tenancy confirmed in his subsequent text message on 5 May. These actions breach the many applicable provisions of the RTA regulating how a tenancy may be terminated, which apply regardless of the tenant’s failures and breaches. In the absence of the tenant’s explicit consent to terminate, the landlord was required to either give the appropriate notice to terminate or apply to the Tribunal for termination on appropriate grounds, such as rent arrears or abandonment.
It follows that after taking possession of the premises and terminating the tenancy unlawfully, the landlord may not recover from the tenant the losses flowing from those unlawful actions. Those are properly borne by the landlord as a consequence of the unlawful acts. That is for two reasons. First, it is because the tenant was not afforded the opportunity to vacate the premises and leave then in a reasonably clean and tidy condition and repair any damage caused during the tenancy.
Secondly, it is a fundamental principle that a party be denied relief where they have engaged in inequitable misconduct. This is known as “the clean hands” doctrine. This aligns with section 85 RTA which allows the Tribunal to exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises, according to the general principles of the law relating to the matter and the substantial merits and justice of the case.

Is the landlord entitled to rent arrears?

I am satisfied that the landlord is entitled to recover rent arrears owed up to the date of the unlawful taking of possession. The access codes were changed on the morning of 30 April. Therefore, I award arrears to 29 April.
The landlord has provided rent records which prove the amount owing.

Is the landlord entitled to further compensation following termination?

The landlord seeks reimbursement of the costs incurred to clean the premises, remove rubbish and carry out minor repairs after taking unlawful possession. Those claims are dismissed for the reasons set out in paragraphs 12-15 above. Payment of bond
The landlord did not lodge the bond with the Bond Centre and has retained those funds. The balance bond after deduction of the rent arrears must be returned to the tenant. Filing fee
As the landlord has only partly succeeded with their claim, and given my comments about their unlawful actions, I do not award reimbursement of the filing fee. K Stirling, 09 September 2025

Tenancy Tribunal case 5254520 — Rent arrears at Unit/Flat Unit 2, 13 Chilcott Road, Henderson, Auckland

At a glance

Tenancy Tribunal case 5254520 — Rent arrears at Unit/Flat Unit 2, 13 Chilcott Road, Henderson, Auckland

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Is the landlord entitled to rent arrears?

Is the landlord entitled to further compensation following termination?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Is the landlord entitled to rent arrears?

Is the landlord entitled to further compensation following termination?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions