What was the outcome of Tenancy Tribunal case 5432661?

The tribunal order states: The tenancy of Daniel Leonard at 43 Ocean View Rise, Ruakaka, Ruakaka

How much money was awarded in case 5432661?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,480.00 awarded to landlord

What type of tenancy dispute was case 5432661?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5432661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13142748-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5432661?

The tribunal order states: The tenancy of Daniel Leonard at 43 Ocean View Rise, Ruakaka, Ruakaka

How much money was awarded in case 5432661?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,480.00 awarded to landlord

What type of tenancy dispute was case 5432661?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5432661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13142748-Tenancy_Tribunal_Order.pdf.

43 Ocean View Rise, Ruakaka, Ruakaka 0116 Tenancy Tribunal Case 5432661 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5432661 — net $4,508.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6.2.26	$4,480.00	Rent arrears to 6.2.26
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,508.00
Total payable by Tenant to Landlord	$4,508.00

The tenancy of Daniel Leonard at 43 Ocean View Rise, Ruakaka, Ruakaka 0116 is terminated, and possession is granted to Bream Bay Realty Limited As Agent For T & G Ryder Investments Limited, immediately.

Daniel Leonard must pay Bream Bay Realty Limited As Agent For T & G Ryder Investments Limited $4,508.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by video call.

The tenant was telephoned on the phone number provided but the phone call went unanswered. I also phoned the tenant’s agent, his father, who advised he had not been in contact with the tenant.

The landlord has applied for termination of the tenancy for abandonment and rent arrears

The tenant has not been served the application in accordance with s 91A of the Residential Tenancies Act 1986 (RTA) which requires service in specified ways including by post to the tenant’s address for service or email address for service. The tenant has been served to an alternative email address that the tenant has used to correspond with the landlord, but this is not the email address for service specified in the tenancy agreement. In the circumstances I cannot be satisfied all reasonable efforts have been made to serve the tenant with the application and notice of hearing. However, the tenant has contacted Tenancy Services with respect to the application therefore I consider that notice of the application and notice of hearing be treated as served on the tenant as he has knowledge of it. 1 I consider it is in the tenant’s interest to proceed in this way, rather than adjourning for further service to occur and potentially increasing any rent liability to the tenant, if for example the matter proceeded as a claim for termination for rent arrears. The order will be served to the tenant’s email address for service in the tenancy agreement and he is referred to the notes in respect of rehearing’s at the end of this order.

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. 2 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 tenant appears to have left the premises in late December 2025 without formally ending the tenancy by giving notice. The tenant has stopped paying rent. The tenant’s father advised at the hearing that the tenant is staying elsewhere. The tenant’s wife has also advised the landlord that the tenant will not be returning to the premises.

On 16 January 2026 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant’s mother advised the landlord that the tenant would not be returning to the premises on 16 January 2026. The landlord believes the tenant has not returned to the premises. 1 See s 91B RTA. 2 See section 61 Residential Tenancies Act 1986.

The tenant has also text messaged the landlord saying there has been a “constructive eviction” I am unclear of what that means. However, that indicates he does not appear to return to the premises, and he has not given notice.

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

How much does the tenant owe?

A tenant who abandons the premises in the case of a periodic tenancy shall be liable to pay the rent for any period up to and including, but not after, the date of the expiry of the period of 21 days after the date specified by the Tribunal as the date on which the landlord first became aware, or ought reasonably to have become aware, that the tenant had abandoned the premises or the date of commencement of a new tenancy of the premises, whichever is the earlier.

In this case the tenant is therefore liable for rent to 6 February 2026.

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice. Filing fee and suppression

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

The landlord did not seek name suppression

Claims and awards in Tenancy Tribunal application 5432661 — net $4,508.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6.2.26	$4,480.00	Rent arrears to 6.2.26
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,508.00
Total payable by Tenant to Landlord	$4,508.00

Order

The tenancy of Daniel Leonard at 43 Ocean View Rise, Ruakaka, Ruakaka 0116 is terminated, and possession is granted to Bream Bay Realty Limited As Agent For T & G Ryder Investments Limited, immediately.
Daniel Leonard must pay Bream Bay Realty Limited As Agent For T & G Ryder Investments Limited $4,508.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I also phoned the tenant’s agent, his father, who advised he had not been in contact with the tenant.
The landlord has applied for termination of the tenancy for abandonment and rent arrears
The tenant has not been served the application in accordance with s 91A of the Residential Tenancies Act 1986 (RTA) which requires service in specified ways including by post to the tenant’s address for service or email address for service. The tenant has been served to an alternative email address that the tenant has used to correspond with the landlord, but this is not the email address for service specified in the tenancy agreement. In the circumstances I cannot be satisfied all reasonable efforts have been made to serve the tenant with the application and notice of hearing. However, the tenant has contacted Tenancy Services with respect to the application therefore I consider that notice of the application and notice of hearing be treated as served on the tenant as he has knowledge of it. 1 I consider it is in the tenant’s interest to proceed in this way, rather than adjourning for further service to occur and potentially increasing any rent liability to the tenant, if for example the matter proceeded as a claim for termination for rent arrears. The order will be served to the tenant’s email address for service in the tenancy agreement and he is referred to the notes in respect of rehearing’s at the end of this order.

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. 2 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 tenant appears to have left the premises in late December 2025 without formally ending the tenancy by giving notice. The tenant has stopped paying rent. The tenant’s father advised at the hearing that the tenant is staying elsewhere. The tenant’s wife has also advised the landlord that the tenant will not be returning to the premises.
On 16 January 2026 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant’s mother advised the landlord that the tenant would not be returning to the premises on 16 January 2026. The landlord believes the tenant has not returned to the premises. 1 See s 91B RTA. 2 See section 61 Residential Tenancies Act 1986.
The tenant has also text messaged the landlord saying there has been a “constructive eviction” I am unclear of what that means. However, that indicates he does not appear to return to the premises, and he has not given notice.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

A tenant who abandons the premises in the case of a periodic tenancy shall be liable to pay the rent for any period up to and including, but not after, the date of the expiry of the period of 21 days after the date specified by the Tribunal as the date on which the landlord first became aware, or ought reasonably to have become aware, that the tenant had abandoned the premises or the date of commencement of a new tenancy of the premises, whichever is the earlier.
In this case the tenant is therefore liable for rent to 6 February 2026.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice. Filing fee and suppression
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
The landlord did not seek name suppression

Tenancy Tribunal case 5432661 — Rent arrears at 43 Ocean View Rise, Ruakaka, Ruakaka 0116

At a glance

Tenancy Tribunal case 5432661 — Rent arrears at 43 Ocean View Rise, Ruakaka, Ruakaka 0116

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

Property management

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

Property management

Frequently asked questions