Tenantcheck Insights · Case study
Tenancy Tribunal case 5327979 — Rent arrears at Unit/Flat 2, 33 Johnston Street, Foxton, Foxton 4814
Published 20 January 2026 · Application 5327979
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Foxton
Tribunal region
Adjudicator
S Young
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $3,357.14
- Bond payment as ordered
- −$450.00
- Total balance for Tenant to pay Landlord
- $2,907.14
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $3,357.14 | Rent arrears | |
| Net award | $2,907.14 | ||
| Total payable by Tenant to Landlord | $2,907.14 |
Claims and awards for application 5327979 — net $2,907.14 NZD. Verify on MoJ.
Rent arrears
- Amount
- $3,357.14
- Awarded to
- Landlord
- Reason
- Rent arrears
Net award
Landlord $2,907.14
Total payable by Tenant to Landlord
Landlord $2,907.14
Claim types — money lines allowed on this order
Order
- The tenancy of Sue-Anne Josephine Pepper at Unit/Flat 2, 33 Johnston Street, Foxton, Foxton 4814 is terminated, and possession is granted to Linda Dorothy Lake, immediately.
- The Bond Centre is to pay the bond of $450.00 (6018391-001) to Linda Dorothy Lake immediately.
- Sue-Anne Josephine Pepper must pay Linda Dorothy Lake $2,907.14 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the remote hearing on 20 January 2026.
- The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond. The law
- The relevant law applying to this matter is found in the Residential Tenancies Act 1986 (“RTA”). As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant (in this case the tenant), establish their claims on the balance of probabilities. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is more likely than not. This obligation carried by the tenant 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 Kaipo v Clarke (DC) TT 233/02, in practical terms this means that; “Like 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 or 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.”
Should the tenancy be terminated?
- The tenancy commenced on 31 August 2024 and was a periodic tenancy.
- The Tribunal may terminate a tenancy where the premises have been abandoned and rent is in arrear at the hearing date. (See section 61 RTA). 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 11 July 2025, the landlord was informed by a neighbour that removal trucks were at the premises removing furniture and boxes.
- On 11 July 2025 the landlord went to the premises and spoke to the tenant. The tenant said that it was an “impromptu” decision to move. The tenant said that she would give three weeks’ notice to terminate the tenancy but has not done so.
- The landlord attended an inspection of the premises with the tenant on Monday 28 July 2025.
- The first question is whether the rent was in arrears. The landlord provided a rent summary showing that rent has been in arrears since 3 July 2025. I find that rent was in arrears.
- I find on the evidence that the tenant left the premises on 11 July 2025 without reasonable excuse, not intending to return or to meet their obligations, and failed to notify the landlord.
- Where the Tribunal makes an order terminating the tenancy as a result of an abandonment of the tenancy by the tenant, the Tribunal must determine as best as it can on the evidence before it, the date on which the landlord first became aware, or ought reasonably have become aware, that the tenant had abandoned the premises and shall specify the date in the order.
- On a date no later than 28 July 2025, when the inspection was conducted by the landlord in the presence of the tenant, the landlord became aware (or in this case ought to have been aware) that the tenant had abandoned the premises. The tenant’s belongings had already been removed by that date.
- As the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
- Section 61(3) RTA provides that a tenant who abandons premises shall, notwithstanding any rule to the contrary, be liable to pay rent for any period up to and including, but not after (in the case of a periodic tenancy) the date of the expiry of the period 21 days after the date specified by the Tribunal or the commencement of a new tenancy, whichever is the earlier.
- The date specified in this order is 28 July 2025. No new tenancy has been entered into. The tenant is therefore liable for rent up to and including 18 August 2025. The rent summary provided by the landlord shows that the rent arrears on 18 August 2025 were $3,357.14. The tenant is ordered to pay $3,357.14 to the landlord.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s28, s61, s61(3)
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5327979?
The tribunal order states: The tenancy of Sue-Anne Josephine Pepper at Unit/Flat 2, 33 Johnston Street,
How much money was awarded in case 5327979?
Rent Arrears: $3,357.14 awarded to landlord
What type of tenancy dispute was case 5327979?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5327979?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12995783-Tenancy_Tribunal_Order.pdf.