Tenantcheck Insights · Case study
Tenancy Tribunal case 5421671 — Rent arrears at 18B Celadon Place, Wiri, Auckland 2104
Decided 24 February 2026 · Published 24 February 2026 · Application 5421671
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
W Lang
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The tenancy of Anamei Cowley at 18B Celadon Place, Wiri, Auckland 2104 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.
- Anamei Cowley must pay Kāinga Ora–Homes And Communities $1,439.00 immediately, being rent arrears to 23 December 2025.
Reasons
- The landlord attended the hearing which was held by video. The tenant did not attend.
- The landlord has applied for termination of the tenancy for abandonment, and rent arrears.
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.
- The landlord had issued a breach notice to the tenant on 17 November for as it believed the tenant was not living in the premises. The expiry date under the notice was 5 December 2025. A further breach notice was issued on 18 November for failing to pay rent, with an expiry date of 8 December 2025.
- At 8.43pm on 1 December the tenant responded to the landlord: “ “Hi there sorry no longer in nz we moved to Samoa”
- The landlord gave notice to the tenant to inspect the property. The inspection, on 8 December 2025, confirmed no one was living in the premises. Apart from the condition of the premises neighbours confirmed they had not seen the tenant or any one else at the premises for some time.
- Rent is in arrears, with the last rent payment made by the tenant on 22 October 2025. Rent had been paid regularly before then by redirection.
- I find that on 2 December 2025 the landlord became aware that the tenant had abandoned the premises. That is, the landlord would have seen the tenant’s email for the first time that day given that it was sent outside of work hours.
- Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
- I note that even had the tenant not been found to have abandoned the premised the landlord would have been entitled to an order terminating the tenancy as the tenant was not living in the premises, which is a breach of the tenancy agreement.
How much does the tenant owe?
- The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes 21 days’ rent in lieu of notice.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
- The landlord has waived its right to reimbursement of the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s21, s5, s61
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5421671?
The tribunal order states: The tenancy of Anamei Cowley at 18B Celadon Place, Wiri, Auckland 2104 is
How much money was awarded in case 5421671?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5421671?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5421671?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13182114-Tenancy_Tribunal_Order.pdf.