Tenantcheck Insights · Case study
Tenancy Tribunal case 5453593 — Rent arrears at 529 Ferguson Street, Palmerston North, Palmerston North
Published 4 March 2026 · Application 5453593
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Palmerston North
Tribunal region
Adjudicator
W Lang
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $1,133.00
- Total balance for Tenant to pay Landlord
- $1,133.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 4 March 2026 | $1,105.00 | Rent arrears to 4 March 2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $1,133.00 | ||
| Total payable by Tenant to Landlord | $1,133.00 |
Claims and awards for application 5453593 — net $1,133.00 NZD. Verify on MoJ.
Rent arrears to 4 March 2026
- Amount
- $1,105.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 4 March 2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $1,133.00
Total payable by Tenant to Landlord
Landlord $1,133.00
Claim types — money lines allowed on this order
Order
- The tenancy of Nicole Hawe at 529 Ferguson Street, Palmerston North, Palmerston North 4410 is terminated, and possession is granted to Shelley Naylor Realty Limited As Agent For Yan Xiang (Danny) & Shoa Li Su (Shirley), immediately.
- Nicole Hawe must pay Shelley Naylor Realty Limited As Agent For Yan Xiang (Danny) & Shoa Li Su (Shirley) $1,133.00 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the hearing by video. The tenant did not attend the hearing.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the application fee.
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 (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.
- The tenant and the landlord signed the periodic tenancy agreement on 29 January 2026. A tenancy agreement is a binding legal contract.
- On 17 February 2026 the tenant told the landlord that they had a change in their financial circumstances, including that the person who was moving into the premises with them was no longer doing so and that they could not get assistance with rent payments as they had anticipated.
- The landlord advised the tenant’s obligations under the tenancy agreement, including the need to give 21 days’ notice in writing to end the tenancy, and further emailed the next day (18 February) asking that the tenant make contact if she had found a solution as the tenancy was due to start on Friday 20 February
- The landlord’s further attempted contacts with the tenant were unsuccessful, in that with there was no reply or the tenant hung up on the landlord. The tenant did not give the landlord 21 days’ notice in writing.
- The tenant failed to pick up the keys and did not move into the premises. In the circumstances I consider the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises on Monday 23 February. I am satisfied this is the case considering what the tenant told the landlord on 17 February, and that the tenant did not pick up the keys on the day the tenancy was due to start not by the end of the following Monday (being 23 February 2006).
- Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately
How much does the tenant owe?
- The landlord has mitigated its loss by filing an application in the tenancy Tribunal in a timely manner. I am satisfied the tenant has paid no rent to date. Under s 61, RTA the landlord is entitled to 3 weeks rent in lieu of notice. The property manager has stated that the owner does not seek the full 3 weeks they are entitled to. As the tenancy is terminated today I order 1 week and 6 days rent to be paid by the tenant.
- As the landlord has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s61
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5453593?
The tribunal order states: The tenancy of Nicole Hawe at 529 Ferguson Street, Palmerston North,
How much money was awarded in case 5453593?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,105.00 awarded to landlord
What type of tenancy dispute was case 5453593?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5453593?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13229854-Tenancy_Tribunal_Order.pdf.