What was the outcome of Tenancy Tribunal case 5220411?

The tribunal order states: Athindra Chatterjee owes Darroch Limited As Agent For New Zealand Transport

How much money was awarded in case 5220411?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5220411?

The dispute type was not classified.

Where can I read the official tribunal order for case 5220411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12372829-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5220411?

The tribunal order states: Athindra Chatterjee owes Darroch Limited As Agent For New Zealand Transport

How much money was awarded in case 5220411?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5220411?

The dispute type was not classified.

Where can I read the official tribunal order for case 5220411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12372829-Tribunal_Order.pdf.

Unit/Flat 4, 15 Milich Terrace, Te Atatu South, Auckland Tenancy Tribunal Case 5220411 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5220411 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

Athindra Chatterjee owes Darroch Limited As Agent For New Zealand Transport Agency $27.00 immediately, calculated as shown in the table below.
Athindra Chatterjee must pay rent as follows: a. By 26 weekly payments of $550.00 for the rent. b. Payments will be every Thursday, with the first payment on 11/09/2025 and continuing until 26/02/2026.
If the tenant fails to pay the rent within 2 working days of the due dates: a. The tenancy at Unit/Flat 4, 15 Milich Terrace, Te Atatu South, Auckland 0610 will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing on 5 September 2025.
The landlord has applied for termination of the tenancy and rent arrears.
The landlord filed their application on 1 April 2025. The landlord’s rent summary records rent arrears as being $6,138.58 (85 days) on this date. Because rent was more than 21 days in arrears on the date the application was filed, I must terminate the tenancy. 1 The landlord seeks a final termination order, whereas the tenant has asked me to consider a conditional termination order. The issues I must determine are: a. Should a conditional termination order be made? b. Does the tenant owe rent arrears?

Should a conditional termination order be made?

The law

The Tribunal may make a conditional termination order for the non-payment of rent if it is satisfied that the tenant will: 2 a. Pay any rent in arrear within a period specified by the Tribunal; and b. Is unlikely to fail to pay their rent again. Evidence and submissions of the parties
The landlord wants a final termination because the tenant has been in rent arrears numerous times throughout this tenancy. The landlord claims they spend a lot of time chasing the tenant for unpaid rent, which is frustrating, especially because the tenant is difficult to contact and communicate with. The landlord claims the only time the tenant engages with them is when mediation or a hearing are pending.
The tenant accepts they have fallen into rent arrears throughout the tenancy.
The tenant gave evidence that they work as a Hindu priest at a temple. The tenant is paid by the temple, which partly relies on donations from visitors. The tenant claims the Covid-19 lockdowns meant people did not visit the temple and make donations, which resulted in him not receiving his full pay during this time.
More recently, the tenant claims they were involved in a car accident that left them traumatised ad physically injured. The tenant claims their right hand side of their chest was broken. Due to the physical and mental effects of the 1 Residential Tenancies Act 1986, section 55(1)(a). 2 Residential Tenancies Act 1986, section 55(1A). accident, the tenant claims they were unable to work and were not paid for 2 months. Analysis
The tenant has been in and out of rent arrears throughout the past 13 years of this tenancy. In 2021, rent arrears peaked at $5,722.23. The tenant worked their way out of these arrears by 9 August 2023. More recently, the tenant fell into rent arrears on 4 July 2024. Rent arrears peaked on 17 April 2025 at $7,710.00. The tenant worked their way out of this by 21 June 2025. The number of times the tenant has fallen into rent arrears is concerning. At first instance, this history suggests there is a high likelihood the tenant will fall into arrears again in the future.
On the other hand, the rent summary supports the tenant’s claims regarding the cause of rent arrears in 2021 and early 2025. Rent arrears increased significantly throughout 2021, which is when Auckland went into several Covid- 19 lockdowns, some of which were for lengthy periods of time. The fact that people were not visiting the Hindu temple and making donations explains why the tenant did not receive his full pay during this time and fell behind in his rent. Similarly, rent arrears increased significantly in early 2025, which is when the tenant claims they were in a car accident and unable to work for 2 months. These causes of rent arrears have now been addressed and are unlikely to cause the tenant to fall into rent arrears again in the future.
Since 21 June 2025, the tenant has consistently paid their rent on time and as at the date of the hearing, they are in a credit of $150.00. This recent pattern of behaviour over the past three months is comforting, although it needs to be balanced against the history of rent arrears throughout the tenancy.
The landlord and tenant have previously attended mediation when the rent arrears have gotten quite high however, this is the first time the tenant has appeared before the Tribunal in circumstances where the landlord has filed an application for termination. I consider the seriousness of the situation has been brought home to the tenant in a way that has not occurred before. This increases the likelihood that the tenant will pay their rent on time in the future, as they promise to do.
By a slim margin, I am convinced on the balance of probabilities that the tenant will not fall into rent arrears again in the future. I have made a conditional termination order.
I have decided to make the length of the conditional termination order 5 months. This is longer than the Tribunal would typically order in circumstances where a tenant does not owe any rent arrears at the date of the hearing however, I consider the history of rent arrears in this case warrants a longer compliance period. This provides assurance to the landlord that they can end the tenancy immediately within the next 5 months if rent is more than 2 working days late.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. 3

Does the tenant owe any rent arrears?

The landlord submitted a rent summary up to 4 September 2025, which records rent arrears as being $150.00. The landlord did not submit a rent summary that goes up to today’s date, 5 September 2025.
The tenant submitted screenshots of bank transfers they made to the landlord yesterday totalling $700.00. The bank account the money was paid into is that of the landlord’s.
On the balance of probabilities, I am convinced the tenant does not owe any rent arrears and is in a credit of $150.00. Filing fee
Because Darroch Limited As Agent For New Zealand Transport Agency has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5220411 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

Athindra Chatterjee owes Darroch Limited As Agent For New Zealand Transport Agency $27.00 immediately, calculated as shown in the table below.
Athindra Chatterjee must pay rent as follows: a. By 26 weekly payments of $550.00 for the rent. b. Payments will be every Thursday, with the first payment on 11/09/2025 and continuing until 26/02/2026.
If the tenant fails to pay the rent within 2 working days of the due dates: a. The tenancy at Unit/Flat 4, 15 Milich Terrace, Te Atatu South, Auckland 0610 will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing on 5 September 2025.
The landlord has applied for termination of the tenancy and rent arrears.
The landlord filed their application on 1 April 2025. The landlord’s rent summary records rent arrears as being $6,138.58 (85 days) on this date. Because rent was more than 21 days in arrears on the date the application was filed, I must terminate the tenancy. 1 The landlord seeks a final termination order, whereas the tenant has asked me to consider a conditional termination order. The issues I must determine are: a. Should a conditional termination order be made? b. Does the tenant owe rent arrears?

Should a conditional termination order be made?

The law

The Tribunal may make a conditional termination order for the non-payment of rent if it is satisfied that the tenant will: 2 a. Pay any rent in arrear within a period specified by the Tribunal; and b. Is unlikely to fail to pay their rent again. Evidence and submissions of the parties
The landlord wants a final termination because the tenant has been in rent arrears numerous times throughout this tenancy. The landlord claims they spend a lot of time chasing the tenant for unpaid rent, which is frustrating, especially because the tenant is difficult to contact and communicate with. The landlord claims the only time the tenant engages with them is when mediation or a hearing are pending.
The tenant accepts they have fallen into rent arrears throughout the tenancy.
The tenant gave evidence that they work as a Hindu priest at a temple. The tenant is paid by the temple, which partly relies on donations from visitors. The tenant claims the Covid-19 lockdowns meant people did not visit the temple and make donations, which resulted in him not receiving his full pay during this time.
More recently, the tenant claims they were involved in a car accident that left them traumatised ad physically injured. The tenant claims their right hand side of their chest was broken. Due to the physical and mental effects of the 1 Residential Tenancies Act 1986, section 55(1)(a). 2 Residential Tenancies Act 1986, section 55(1A). accident, the tenant claims they were unable to work and were not paid for 2 months. Analysis
The tenant has been in and out of rent arrears throughout the past 13 years of this tenancy. In 2021, rent arrears peaked at $5,722.23. The tenant worked their way out of these arrears by 9 August 2023. More recently, the tenant fell into rent arrears on 4 July 2024. Rent arrears peaked on 17 April 2025 at $7,710.00. The tenant worked their way out of this by 21 June 2025. The number of times the tenant has fallen into rent arrears is concerning. At first instance, this history suggests there is a high likelihood the tenant will fall into arrears again in the future.
On the other hand, the rent summary supports the tenant’s claims regarding the cause of rent arrears in 2021 and early 2025. Rent arrears increased significantly throughout 2021, which is when Auckland went into several Covid- 19 lockdowns, some of which were for lengthy periods of time. The fact that people were not visiting the Hindu temple and making donations explains why the tenant did not receive his full pay during this time and fell behind in his rent. Similarly, rent arrears increased significantly in early 2025, which is when the tenant claims they were in a car accident and unable to work for 2 months. These causes of rent arrears have now been addressed and are unlikely to cause the tenant to fall into rent arrears again in the future.
Since 21 June 2025, the tenant has consistently paid their rent on time and as at the date of the hearing, they are in a credit of $150.00. This recent pattern of behaviour over the past three months is comforting, although it needs to be balanced against the history of rent arrears throughout the tenancy.
The landlord and tenant have previously attended mediation when the rent arrears have gotten quite high however, this is the first time the tenant has appeared before the Tribunal in circumstances where the landlord has filed an application for termination. I consider the seriousness of the situation has been brought home to the tenant in a way that has not occurred before. This increases the likelihood that the tenant will pay their rent on time in the future, as they promise to do.
By a slim margin, I am convinced on the balance of probabilities that the tenant will not fall into rent arrears again in the future. I have made a conditional termination order.
I have decided to make the length of the conditional termination order 5 months. This is longer than the Tribunal would typically order in circumstances where a tenant does not owe any rent arrears at the date of the hearing however, I consider the history of rent arrears in this case warrants a longer compliance period. This provides assurance to the landlord that they can end the tenancy immediately within the next 5 months if rent is more than 2 working days late.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. 3

Does the tenant owe any rent arrears?

The landlord submitted a rent summary up to 4 September 2025, which records rent arrears as being $150.00. The landlord did not submit a rent summary that goes up to today’s date, 5 September 2025.
The tenant submitted screenshots of bank transfers they made to the landlord yesterday totalling $700.00. The bank account the money was paid into is that of the landlord’s.
On the balance of probabilities, I am convinced the tenant does not owe any rent arrears and is in a credit of $150.00. Filing fee
Because Darroch Limited As Agent For New Zealand Transport Agency has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5220411 — Tenancy dispute at Unit/Flat 4, 15 Milich Terrace, Te Atatu South, Auckland

At a glance

Tenancy Tribunal case 5220411 — Tenancy dispute at Unit/Flat 4, 15 Milich Terrace, Te Atatu South, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Does the tenant owe any rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Does the tenant owe any rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions