What was the outcome of Tenancy Tribunal case 5268881?

The tribunal order states: The tenancy of Wan Ku Lee, Xuan Duc Nguyen and Van Vinh Tran at 161

How much money was awarded in case 5268881?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,757.14 awarded to landlord

What type of tenancy dispute was case 5268881?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5268881?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11931869-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5268881?

The tribunal order states: The tenancy of Wan Ku Lee, Xuan Duc Nguyen and Van Vinh Tran at 161

How much money was awarded in case 5268881?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,757.14 awarded to landlord

What type of tenancy dispute was case 5268881?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5268881?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11931869-Tenancy_Tribunal_Order.pdf.

161 Everglade Drive, Totara Heights, Auckland 2105 Tenancy Tribunal Case 5268881 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5268881 — net $5,784.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.6.2025	$5,757.14	Rent arrears to 4.6.2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,784.14
Total payable by Tenant to Landlord	$5,784.14

The tenancy of Wan Ku Lee, Xuan Duc Nguyen and Van Vinh Tran at 161 Everglade Drive, Totara Heights, Auckland 2105 is terminated, and possession is granted to Ankur Singhal, at 1pm today, Wednesday 4 June 2025.

Wan Ku Lee, Xuan Duc Nguyen and Van Vinh Tran must pay Ankur Singhal $5,784.14 immediately, calculated as shown in the table below

Reasons

The landlord attended the hearing by video conference.

The tenants did not join the hearing by video conference. Therefore, the Tribunal made several attempts to telephone each tenant on the cell phone numbers provided in the application. The number for Xuan Duc Nguyen diverted to voice mail. The number for Van Vinh Tran disconnected. The number for Wan Ku Lee diverted to voice mail. However a second attempted call was answered by a male who indicated that he was Wan Ku Lee, but he also communicated that he did not speak English. The landlord advised that the tenants were Vietnamese, but he had been able to communicate with them via text message. While the male caller at the number for Wan Ku Lee was on the line, the landlord sent him a text message asking if he was living at the property and asking whether someone speaking English was available to help him on the call. The caller hung up. A few minutes later, the Tribunal again called this number and the male voice advised that it was the wrong number.

I am satisfied that the tenants received notice of the hearing and chose not to attend by video and did not answer telephone calls. They also did not advise the Tribunal of alternative telephone numbers to call.

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 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.

On 17 May 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord had sent the tenants messages giving notice that they wished to inspect the premises and the tenants asked them to defer an inspection. The landlord became suspicious of the tenants refusing an inspection. The landlord went to the house and knocked on the door sometime in early May. Looking in the windows, the premises appeared to be unoccupied. The landlord gave a formal notice to inspect the premises on 17 May 2025. On entering the premises, he discovered that there was no furniture or belongings in the house, and it was unoccupied. This is supported by photos taken at the inspection and produced in evidence. Furthermore, the photos show extensive damage including holes drilled into various walls throughout the premises.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. K Stirling, 04 June 2025

Order

Claims and awards in Tenancy Tribunal application 5268881 — net $5,784.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.6.2025	$5,757.14	Rent arrears to 4.6.2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,784.14
Total payable by Tenant to Landlord	$5,784.14

Wan Ku Lee, Xuan Duc Nguyen and Van Vinh Tran must pay Ankur Singhal $5,784.14 immediately, calculated as shown in the table below

Reasons

The landlord attended the hearing by video conference.

The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

Should the tenancy be terminated?

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. K Stirling, 04 June 2025

Tenancy Tribunal case 5268881 — Rent arrears at 161 Everglade Drive, Totara Heights, Auckland 2105

At a glance

Tenancy Tribunal case 5268881 — Rent arrears at 161 Everglade Drive, Totara Heights, Auckland 2105

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions