What was the outcome of Tenancy Tribunal case 5438935?

The tribunal order states: Otautahi Community Housing Trust is granted possession of the premises at 38

How much money was awarded in case 5438935?

Rent Arrears: $766.28 awarded to landlord

What type of tenancy dispute was case 5438935?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5438935?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13480883-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5438935?

The tribunal order states: Otautahi Community Housing Trust is granted possession of the premises at 38

How much money was awarded in case 5438935?

Rent Arrears: $766.28 awarded to landlord

What type of tenancy dispute was case 5438935?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5438935?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13480883-Tenancy_Tribunal_Order.pdf.

38 Mabel Howard Place, Avonside, Christchurch 8061 Tenancy Tribunal Case 5438935 — Rent arrears

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38 Mabel Howard Place, Avonside, Christchurch 8061 Tenancy Tribunal Case 5438935 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5438935 — net $766.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$766.28	Rent arrears
Net award	$766.28
Total payable by Tenant to Landlord	$766.28

Claims and awards for application 5438935 — net $766.28 NZD. Verify on MoJ.

Rent arrears

Amount: $766.28
Awarded to: Landlord
Reason: Rent arrears

Net award

Landlord $766.28

Total payable by Tenant to Landlord

Landlord $766.28

Claim types — money lines allowed on this order

Rent arrears

Order

Otautahi Community Housing Trust is granted possession of the premises at 38 Mabel Howard Place, Avonside, Christchurch 8061 immediately.
Renata Leaf must pay Otautahi Community Housing Trust $766.28 immediately, being rent arrears to 21 April 2026.

Reasons

Both parties attended the hearing.
The applicant seeks payment of rent arrears to today’s date and termination of the tenancy. The applicant says that the rent arrears total $1,532.57.
The respondent says that, on 24 November 2025, they were aware that they were going to be imprisoned, had vacated the property, and notified the applicant on that date that they had vacated. The applicant confirmed receiving a message on 24 November 2025 advising that the tenant had vacated two weeks earlier.
The applicant says that they tried repeatedly to contact the respondent, but each time received a message stating that the number had been disconnected, and there was nobody at the property. They say that they believed they could not take possession of the property because they had not received the correct notice.
Although the tenant did not provide proper notice, it is clear from the message left on 24 November 2025 that possession had been returned to the applicant. This is supported by the applicant’s follow-up visits, which showed the property to be vacant, and by statements from neighbours confirming that nobody was living there. In those circumstances, possession had been returned to the applicant, and the applicant should have taken possession of the property and re-tenanted it in order to mitigate their losses under section 49.
I accept that the applicant acted in good faith in waiting for the Tribunal to make a decision. However, the delay in making the application and the failure to take possession when it was clear that possession had been returned, resulted in the level of rent arrears claimed. I also accept that the respondent contributed to this situation by failing to give proper notice.
In the circumstances, it is appropriate to award 50% of the total rent arrears incurred.
A termination order is unnecessary, as the tenancy had already ended and possession was returned to the landlord on 24 November 2025.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5438935 — net $766.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$766.28	Rent arrears
Net award	$766.28
Total payable by Tenant to Landlord	$766.28

Claims and awards for application 5438935 — net $766.28 NZD. Verify on MoJ.

Rent arrears

Amount: $766.28
Awarded to: Landlord
Reason: Rent arrears

Net award

Landlord $766.28

Total payable by Tenant to Landlord

Landlord $766.28

Claim types — money lines allowed on this order

Rent arrears

Order

Otautahi Community Housing Trust is granted possession of the premises at 38 Mabel Howard Place, Avonside, Christchurch 8061 immediately.
Renata Leaf must pay Otautahi Community Housing Trust $766.28 immediately, being rent arrears to 21 April 2026.

Reasons

Both parties attended the hearing.
The applicant seeks payment of rent arrears to today’s date and termination of the tenancy. The applicant says that the rent arrears total $1,532.57.
The respondent says that, on 24 November 2025, they were aware that they were going to be imprisoned, had vacated the property, and notified the applicant on that date that they had vacated. The applicant confirmed receiving a message on 24 November 2025 advising that the tenant had vacated two weeks earlier.
The applicant says that they tried repeatedly to contact the respondent, but each time received a message stating that the number had been disconnected, and there was nobody at the property. They say that they believed they could not take possession of the property because they had not received the correct notice.
Although the tenant did not provide proper notice, it is clear from the message left on 24 November 2025 that possession had been returned to the applicant. This is supported by the applicant’s follow-up visits, which showed the property to be vacant, and by statements from neighbours confirming that nobody was living there. In those circumstances, possession had been returned to the applicant, and the applicant should have taken possession of the property and re-tenanted it in order to mitigate their losses under section 49.
I accept that the applicant acted in good faith in waiting for the Tribunal to make a decision. However, the delay in making the application and the failure to take possession when it was clear that possession had been returned, resulted in the level of rent arrears claimed. I also accept that the respondent contributed to this situation by failing to give proper notice.
In the circumstances, it is appropriate to award 50% of the total rent arrears incurred.
A termination order is unnecessary, as the tenancy had already ended and possession was returned to the landlord on 24 November 2025.

Tenancy Tribunal case 5438935 — Rent arrears at 38 Mabel Howard Place, Avonside, Christchurch 8061

At a glance

Tenancy Tribunal case 5438935 — Rent arrears at 38 Mabel Howard Place, Avonside, Christchurch 8061

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions