What was the outcome of Tenancy Tribunal case 5455572?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5455572?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $6,000.00 awarded to landlord

What type of tenancy dispute was case 5455572?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5455572?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13288393-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5455572?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5455572?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $6,000.00 awarded to landlord

What type of tenancy dispute was case 5455572?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5455572?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13288393-Tenancy_Tribunal_Order.pdf.

Glen Eden, Auckland Tenancy Tribunal Case 5455572 — Rent arrears

Claims and awards in Tenancy Tribunal application 5455572 — net $3,228.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 02 April 2026	$6,000.00	Rent arrears to 02 April 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,228.00
Total payable by Tenant to Landlord	$3,228.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Duc Hai Ngyuyen at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Duc Hai Ngyuyen must pay [The landlord/s] $3,228.00 immediately, calculated as shown in the table below:

Reasons

[ Property manager] appeared for the landlord by phone. There was no appearance by the tenant.
The tenancy commenced on 10 November 2025 for a fixed term to end 09 November 2026.
In January 2026, the landlord served the tenant a 48-hour notice to inspect the property. On or about 28 January 2026, the landlord visited the property. They knocked on the door, but no one was home. They looked through the windows and observed that the property appeared empty. They also noted that the lawns were overgrown. The landlord did not enter the property, nor did they take any photographs.
Between 29 January 2026 and 13 February 2026, they attempted to contact the tenant. This included a 14-day breach notice for rent arrears issued 13 February 2026.
On 26 February 2026, the landlord filed an application seeking expedited abandonment.
Expedited abandonment is a process under section 91AA of the Residential Tenancies Act 1986 (Act) that allows certain landlord applications for abandonment of premises to be fast-tracked and determined "on the papers," meaning without the need for a hearing.
On 16 March 2026, the adjudicator declined the application for expedited abandonment. Although the landlord had served the inspection notice to determine whether the property was abandoned, they did not enter the property or take any photographs and relied solely on their oral evidence and the rent summary.
The Tribunal stated at paragraphs [7]– [9]: [7] In this case, I would have expected to see the notice of inspection under section 48(2B) of the RTA, an inspection report, photographs of the interior and exterior, and all relevant correspondence. [8] In the absence of any evidence other than a superficial description, I find that the landlord has not satisfied the statutory requirements or discharged the burden of proof. [9] I decline to grant the application, and this matter will be scheduled for a full hearing as soon as possible.
The application was scheduled for hearing before me on 31 March 2026. The landlord relied on the same material provided on 16 March 2026. Again, this was insufficient. I adjourned the matter to 02 April 2026 and directed the landlord to issue another 48-hour notice, enter the property, conduct an inspection, and provide a report.
The landlord has complied with this direction. The inspection report shows that the property is completely empty, and the lawns are extremely overgrown, confirming what was discovered on 28 January 2026. The rent summary indicates that the tenant made their last rent payment on 19 January 2026, covering rent up to 01 February 2026. The landlord has also provided water and wastewater invoices for the period from 05 January 2026 to 02 February 2026, which show minimal usage, suggesting the property was empty during that time. Law
Under section 61 of the Act, the Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date.
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. Analysis and decision
I am satisfied that when the landlord visited the property on 28 January 2026, it was more likely than not that the property was empty, and the tenant had vacated without giving any notice. However, at that time, the rent was not in arrears. Rent fell into arrears on 02 February 2026, and on 13 February 2026, the landlord issued a 14-day breach notice, which was not remedied.
I am satisfied that, for the purposes of section 61 of the Act, the landlord became aware (or ought to have been aware), on 13 February 2026 that the tenant had abandoned the premises. The tenant remains in arrears and has not returned to the property.
As the premises have been abandoned and rent is in arrears, the tenancy is terminated immediately.
I award the landlord rent arrears up to the date of possession, 02 April 2026. Costs
Because [ landlord] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression.
The landlord seeks name suppression.
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that their name or identifying particulars of that party not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been wholly or substantially successful and the Tribunal orders suppression of their name and the address of the property.

Claims and awards in Tenancy Tribunal application 5455572 — net $3,228.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 02 April 2026	$6,000.00	Rent arrears to 02 April 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,228.00
Total payable by Tenant to Landlord	$3,228.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Duc Hai Ngyuyen at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Duc Hai Ngyuyen must pay [The landlord/s] $3,228.00 immediately, calculated as shown in the table below:

Reasons

[ Property manager] appeared for the landlord by phone. There was no appearance by the tenant.
The tenancy commenced on 10 November 2025 for a fixed term to end 09 November 2026.
In January 2026, the landlord served the tenant a 48-hour notice to inspect the property. On or about 28 January 2026, the landlord visited the property. They knocked on the door, but no one was home. They looked through the windows and observed that the property appeared empty. They also noted that the lawns were overgrown. The landlord did not enter the property, nor did they take any photographs.
Between 29 January 2026 and 13 February 2026, they attempted to contact the tenant. This included a 14-day breach notice for rent arrears issued 13 February 2026.
On 26 February 2026, the landlord filed an application seeking expedited abandonment.
Expedited abandonment is a process under section 91AA of the Residential Tenancies Act 1986 (Act) that allows certain landlord applications for abandonment of premises to be fast-tracked and determined "on the papers," meaning without the need for a hearing.
On 16 March 2026, the adjudicator declined the application for expedited abandonment. Although the landlord had served the inspection notice to determine whether the property was abandoned, they did not enter the property or take any photographs and relied solely on their oral evidence and the rent summary.
The Tribunal stated at paragraphs [7]– [9]: [7] In this case, I would have expected to see the notice of inspection under section 48(2B) of the RTA, an inspection report, photographs of the interior and exterior, and all relevant correspondence. [8] In the absence of any evidence other than a superficial description, I find that the landlord has not satisfied the statutory requirements or discharged the burden of proof. [9] I decline to grant the application, and this matter will be scheduled for a full hearing as soon as possible.
The application was scheduled for hearing before me on 31 March 2026. The landlord relied on the same material provided on 16 March 2026. Again, this was insufficient. I adjourned the matter to 02 April 2026 and directed the landlord to issue another 48-hour notice, enter the property, conduct an inspection, and provide a report.
The landlord has complied with this direction. The inspection report shows that the property is completely empty, and the lawns are extremely overgrown, confirming what was discovered on 28 January 2026. The rent summary indicates that the tenant made their last rent payment on 19 January 2026, covering rent up to 01 February 2026. The landlord has also provided water and wastewater invoices for the period from 05 January 2026 to 02 February 2026, which show minimal usage, suggesting the property was empty during that time. Law
Under section 61 of the Act, the Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date.
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. Analysis and decision
I am satisfied that when the landlord visited the property on 28 January 2026, it was more likely than not that the property was empty, and the tenant had vacated without giving any notice. However, at that time, the rent was not in arrears. Rent fell into arrears on 02 February 2026, and on 13 February 2026, the landlord issued a 14-day breach notice, which was not remedied.
I am satisfied that, for the purposes of section 61 of the Act, the landlord became aware (or ought to have been aware), on 13 February 2026 that the tenant had abandoned the premises. The tenant remains in arrears and has not returned to the property.
As the premises have been abandoned and rent is in arrears, the tenancy is terminated immediately.
I award the landlord rent arrears up to the date of possession, 02 April 2026. Costs
Because [ landlord] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression.
The landlord seeks name suppression.
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that their name or identifying particulars of that party not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been wholly or substantially successful and the Tribunal orders suppression of their name and the address of the property.

Tenancy Tribunal case 5455572 — Rent arrears in Glen Eden, Auckland

At a glance

Tenancy Tribunal case 5455572 — Rent arrears in Glen Eden, Auckland

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