What was the outcome of Tenancy Tribunal case 5377652?

The tribunal order states: Monique Sarah-jayne Willan and Brendon Jared Thompson to pay Simon

How much money was awarded in case 5377652?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,157.00 awarded to landlord

What type of tenancy dispute was case 5377652?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5377652?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13295001-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5377652?

The tribunal order states: Monique Sarah-jayne Willan and Brendon Jared Thompson to pay Simon

How much money was awarded in case 5377652?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,157.00 awarded to landlord

What type of tenancy dispute was case 5377652?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5377652?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13295001-Tenancy_Tribunal_Order.pdf.

869A Ferry Road, Woolston, Christchurch 8023 Tenancy Tribunal Case 5377652 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5377652 — net $1,185.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 September 2025	$1,157.00	Rent arrears to 5 September 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,185.00
Bond	$2,440.00
Total payable by Tenant to Landlord	$1,185.00

Monique Sarah-jayne Willan and Brendon Jared Thompson to pay Simon Harold Noble $1,185.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,440.00 (6515826-002) immediately apportioned as follows: Simon Harold Noble: $1,185.00 Monique Sarah-jayne Willan and Brendon Jared Thompson: $1,255.00

Reasons

The landlord attended the hearing which was held remotely. The tenants did not attend the hearing. Both tenants were called on the cell phone numbers provided on the application at the start of the hearing but none of the calls were answered. Monique Willan was also called on the updated number provided by the landlord but did not answer her call.

The landlord has applied for rent arrears ($1,680.00), compensation (keys/locks $395.00 and rubbish removal $17.30), refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background

The periodic tenancy commenced on 9 August 2024. Mr Thompson called the landlord on about 14 August 2025 telling him he was leaving the tenancy. On 15 August he provided written notice to the landlord ending the tenancy. The landlord’s evidence is that he negotiated with the other tenant, Monique Willan that she could stay on at the tenancy and they had a written agreement that she could leave the premises at a date several weeks after Mr Thompson had left.

A notice of termination given by one of two joint tenants, is effective to terminate a periodic tenancy, regardless of whether the other joint tenant agrees or not 1 .

A tenant under a periodic tenancy is required to give the landlord at least 21 days’ written notice to terminate the tenancy. Mr Thompson’s notice terminated the tenancy on 5 September 2025. Ms Willan stayed on at the premises under a separate arrangement with the landlord until 14 October 2025.

The landlord has brought a claim under the joint tenancy that commenced on 9 August 2024. As that tenancy agreement ended on 5 September 2025, only claims relating to that tenancy can be determined under this claim.

How much is owed for rent?

The landlord claims rent arrears to 14 October, being the end of Ms Willan’s tenancy. The landlord provided rent records which prove the amount owing 5 September 2025 was $1,157.00. Rent arrears incurred after that date were under the separate arrangement the landlord had with Ms Willan and would need to be considered and determined under a separate application made against her. That is, she is solely liable for the rent arrears incurred from 6 September 2025. 1 Hammersmith and Fulham London Borough Council v Monk [1992] 1 AC 478 (HL).

Claim for locks and keys, and removal of rubbish?

When Ms Willan’s separate tenancy ended on 14 October 2025 no keys were returned. The landlord also said that Mr Thompson had not returned any keys to him when the joint tenancy ended.

The landlord has not established what keys were given to the tenants at the start of the tenancy, or how many sets of keys were provided. I am not convinced the landlord expected the return of any keys when Mr Thompson left, but had assumed Ms Willan would return all keys he had provided at the end of her tenancy. I find in these circumstances the landlord has not proven that the tenants were liable to return the keys on or around 5 September or that the liability of not returning the keys for the premises falls on the tenants under the joint tenancy.

Likewise rubbish and belongings were left at the premises after Ms Willan’s sole tenancy and removed by the landlord after 14 October. Therefore it is an obligation under Ms Willan’s tenancy that all rubbish was removed.

In summary, the tenants are jointly and severally liable for the rent arrears to the end of their tenancy on 5 September. The breaches relating to failing to return the keys provided at the start of the tenancy and failing to remove all rubbish and belongings are breaches that relate to Ms Willan’s sole tenancy rather than the joint tenancy.

As the landlord has mainly succeeded with the claim I have reimbursed the filing fee.

The landlord has been awarded partial payment of the bond. The remainder of the bond has been returned to the tenants, as there is no evidence that it is to be considered bond for the arrangement made relating to Ms Willan’s separate tenancy.

Claims and awards in Tenancy Tribunal application 5377652 — net $1,185.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 September 2025	$1,157.00	Rent arrears to 5 September 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,185.00
Bond	$2,440.00
Total payable by Tenant to Landlord	$1,185.00

Order

Monique Sarah-jayne Willan and Brendon Jared Thompson to pay Simon Harold Noble $1,185.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,440.00 (6515826-002) immediately apportioned as follows: Simon Harold Noble: $1,185.00 Monique Sarah-jayne Willan and Brendon Jared Thompson: $1,255.00

Reasons

The landlord attended the hearing which was held remotely. The tenants did not attend the hearing. Both tenants were called on the cell phone numbers provided on the application at the start of the hearing but none of the calls were answered. Monique Willan was also called on the updated number provided by the landlord but did not answer her call.
The landlord has applied for rent arrears ($1,680.00), compensation (keys/locks $395.00 and rubbish removal $17.30), refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background
The periodic tenancy commenced on 9 August 2024. Mr Thompson called the landlord on about 14 August 2025 telling him he was leaving the tenancy. On 15 August he provided written notice to the landlord ending the tenancy. The landlord’s evidence is that he negotiated with the other tenant, Monique Willan that she could stay on at the tenancy and they had a written agreement that she could leave the premises at a date several weeks after Mr Thompson had left.
A notice of termination given by one of two joint tenants, is effective to terminate a periodic tenancy, regardless of whether the other joint tenant agrees or not 1 .
A tenant under a periodic tenancy is required to give the landlord at least 21 days’ written notice to terminate the tenancy. Mr Thompson’s notice terminated the tenancy on 5 September 2025. Ms Willan stayed on at the premises under a separate arrangement with the landlord until 14 October 2025.
The landlord has brought a claim under the joint tenancy that commenced on 9 August 2024. As that tenancy agreement ended on 5 September 2025, only claims relating to that tenancy can be determined under this claim.

How much is owed for rent?

The landlord claims rent arrears to 14 October, being the end of Ms Willan’s tenancy. The landlord provided rent records which prove the amount owing 5 September 2025 was $1,157.00. Rent arrears incurred after that date were under the separate arrangement the landlord had with Ms Willan and would need to be considered and determined under a separate application made against her. That is, she is solely liable for the rent arrears incurred from 6 September 2025. 1 Hammersmith and Fulham London Borough Council v Monk [1992] 1 AC 478 (HL).

Claim for locks and keys, and removal of rubbish?

When Ms Willan’s separate tenancy ended on 14 October 2025 no keys were returned. The landlord also said that Mr Thompson had not returned any keys to him when the joint tenancy ended.
The landlord has not established what keys were given to the tenants at the start of the tenancy, or how many sets of keys were provided. I am not convinced the landlord expected the return of any keys when Mr Thompson left, but had assumed Ms Willan would return all keys he had provided at the end of her tenancy. I find in these circumstances the landlord has not proven that the tenants were liable to return the keys on or around 5 September or that the liability of not returning the keys for the premises falls on the tenants under the joint tenancy.
Likewise rubbish and belongings were left at the premises after Ms Willan’s sole tenancy and removed by the landlord after 14 October. Therefore it is an obligation under Ms Willan’s tenancy that all rubbish was removed.
In summary, the tenants are jointly and severally liable for the rent arrears to the end of their tenancy on 5 September. The breaches relating to failing to return the keys provided at the start of the tenancy and failing to remove all rubbish and belongings are breaches that relate to Ms Willan’s sole tenancy rather than the joint tenancy.
As the landlord has mainly succeeded with the claim I have reimbursed the filing fee.
The landlord has been awarded partial payment of the bond. The remainder of the bond has been returned to the tenants, as there is no evidence that it is to be considered bond for the arrangement made relating to Ms Willan’s separate tenancy.

Tenancy Tribunal case 5377652 — Rent arrears at 869A Ferry Road, Woolston, Christchurch 8023

At a glance

Tenancy Tribunal case 5377652 — Rent arrears at 869A Ferry Road, Woolston, Christchurch 8023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Claim for locks and keys, and removal of rubbish?

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Claim for locks and keys, and removal of rubbish?

Topics & place

Key findings

Frequently asked questions