How much money was awarded in case 5296508?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,885.43 awarded to landlord; Water Rates: $885.34 awarded to landlord

What type of tenancy dispute was case 5296508?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5296508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12081915-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5296508?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,885.43 awarded to landlord; Water Rates: $885.34 awarded to landlord

What type of tenancy dispute was case 5296508?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5296508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12081915-Tenancy_Tribunal_Order.pdf.

14B Etherton Drive, Weymouth, Auckland 2103 Tenancy Tribunal Case 5296508 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5296508?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5296508 — net $4,597.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 July 2025	$5,885.43	Rent arrears to 2 July 2025
Water rates	$885.34	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,597.77
Total payable by Tenant to Landlord	$4,597.77

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

The tenancy of Lusia Antonio at 14B Etherton Drive, Weymouth, Auckland 2103 is terminated, and possession is granted to [The landlord/s], immediately.

Lusia Antonio must pay [The landlord/s] $4,597.77 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.

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

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

TERMINATION

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. 1

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.

The landlord gave evidence that they visited the premises on 11 June 2025 for a routine inspection. The landlord submitted photographs from this inspection, which show there is no furniture or personal belongings inside the premises. There is rubbish outside the premises and a windowpane is broken in the ranch slider door.

The landlord gave evidence that in the lead up to the routine inspection on 11 June 2025, they had been trying to contact the tenant about rent arrears but were not successful. The landlord gave evidence that they have not heard from them prior to the hearing. I accept the landlord’s evidence. 1 Residential Tenancies Act 1986, section 61.

The landlord submitted a rent summary, which proves the tenant is in rent arrears of $6,594.00 as at the date of the hearing.

On the balance of probabilities, I am convinced the tenant has abandoned the premises the rent is in arrears. The tenancy is terminated with immediate effect.

RENT ARREARS

I find that the landlord became aware or ought reasonably to have become aware that the tenant had abandoned the premises on 11 June 2025 when they completed a routine inspection.

This was a periodic tenancy. Therefore, the tenant is liable to pay rent up to the expiry of the period of 21 days after 11 June 2025 or the date of commencement of a new tenancy of the premises, whichever occurs first. 2

A new tenancy has not yet begun and therefore, the earliest date is 21 days after 11 June 2025, which is 2 July 2025.

The landlord submitted a rent summary, which proves rent arrears up to 2 July 2025 are $5,885.43.

The landlord sought an order for rent arrears of $6,594.00 up to 10 July 2025 however, section 61(3)(a) RTA only allows me to make an order for rent arrears up to 2 July 2025, which is 21 days after the date the landlord became aware or ought reasonably to have become aware the tenant had abandoned the premises.

The landlord’s claim for rent arrears is granted for $5,885.43.

WATER RATES

The landlord submitted original invoices from the water rates authority, which prove the tenant owes $885.34 in outstanding water rates.

The landlord’s claim for outstanding water rates is granted for $885.34.

FILING FEE

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5296508 — net $4,597.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 July 2025	$5,885.43	Rent arrears to 2 July 2025
Water rates	$885.34	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,597.77
Total payable by Tenant to Landlord	$4,597.77

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Lusia Antonio at 14B Etherton Drive, Weymouth, Auckland 2103 is terminated, and possession is granted to [The landlord/s], immediately.
Lusia Antonio must pay [The landlord/s] $4,597.77 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, outgoings and refund of the bond.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

TERMINATION

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. 1
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.
The landlord gave evidence that they visited the premises on 11 June 2025 for a routine inspection. The landlord submitted photographs from this inspection, which show there is no furniture or personal belongings inside the premises. There is rubbish outside the premises and a windowpane is broken in the ranch slider door.
The landlord gave evidence that in the lead up to the routine inspection on 11 June 2025, they had been trying to contact the tenant about rent arrears but were not successful. The landlord gave evidence that they have not heard from them prior to the hearing. I accept the landlord’s evidence. 1 Residential Tenancies Act 1986, section 61.
The landlord submitted a rent summary, which proves the tenant is in rent arrears of $6,594.00 as at the date of the hearing.
On the balance of probabilities, I am convinced the tenant has abandoned the premises the rent is in arrears. The tenancy is terminated with immediate effect.

RENT ARREARS

I find that the landlord became aware or ought reasonably to have become aware that the tenant had abandoned the premises on 11 June 2025 when they completed a routine inspection.
This was a periodic tenancy. Therefore, the tenant is liable to pay rent up to the expiry of the period of 21 days after 11 June 2025 or the date of commencement of a new tenancy of the premises, whichever occurs first. 2
A new tenancy has not yet begun and therefore, the earliest date is 21 days after 11 June 2025, which is 2 July 2025.
The landlord submitted a rent summary, which proves rent arrears up to 2 July 2025 are $5,885.43.
The landlord sought an order for rent arrears of $6,594.00 up to 10 July 2025 however, section 61(3)(a) RTA only allows me to make an order for rent arrears up to 2 July 2025, which is 21 days after the date the landlord became aware or ought reasonably to have become aware the tenant had abandoned the premises.
The landlord’s claim for rent arrears is granted for $5,885.43.

WATER RATES

The landlord submitted original invoices from the water rates authority, which prove the tenant owes $885.34 in outstanding water rates.
The landlord’s claim for outstanding water rates is granted for $885.34.

FILING FEE

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5296508 — Rent arrears at 14B Etherton Drive, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 5296508 — Rent arrears at 14B Etherton Drive, Weymouth, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

TERMINATION

RENT ARREARS

WATER RATES

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

TERMINATION

RENT ARREARS

WATER RATES

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions