How much money was awarded in case 5294639?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,620.00 awarded to landlord

What type of tenancy dispute was case 5294639?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5294639?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12287449-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5294639?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,620.00 awarded to landlord

What type of tenancy dispute was case 5294639?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5294639?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12287449-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 278 Rangatira Road, Beach Haven, Auckland Tenancy Tribunal Case 5294639 — Rent arrears

Q: What was Tenancy Tribunal case 5294639 about?

The tribunal order states: The tenants [The tenant/s] tenant/s], [The tenant/s] tenant/s] and [The tenant/s] tenant/s] each individually and

Order

Claims and awards in Tenancy Tribunal application 5294639 — net $6,647.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 16 August 2025	$6,620.00	Rent arrears as of 16 August 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,647.00
Total payable by Tenant to Landlord	$6,647.00

The tenants [The tenant/s] tenant/s], [The tenant/s] tenant/s] and [The tenant/s] tenant/s] each individually and jointly owe Barfoot & Thompson Limited As Agent For Eva Xia $6,647.00 the sum of $6,647.00 (“the debt”), comprising rent arrears as of 16 August 2025 and reimbursement of the landlord’s Tribunal filing fee, as outlined below:

The tenants must make payments as follows: a. Ongoing weekly rent payments of $770.00, with the next payment due on 23 August 2025; and b. Full repayment of the $6,647.00 debt by 2 September 2025.

Payments will be applied in the following order of priority: (i) Current rent; (ii) Rent arrears; and (iii) Filing fee.

If the tenants fail to pay weekly rent within two working days of the due dates, the tenancy at Unit/Flat 1, 278 Rangatira Road, Beach Haven, Auckland 0626

If the tenants fail to pay the debt within two working days of the due date: a. The tenancy will be terminated, and the landlord will gain immediate possession of the property; and b. The outstanding balance of the debt will become immediately payable.

Reasons

The landlord applied for rent arrears and a conditional termination of the tenancy. Tenant [The tenant/s] tenant/s] wishes to repay the debt to avoid immediate termination of the tenancy.

Should the Tribunal proceed in the presence of only one tenant?

The landlord was present at the hearing. Only tenant [The tenant/s] tenant/s] attended.

[The tenant/s] tenant/s] advised the Tribunal that a. Her former partner and co-tenant, [The tenant/s] tenant/s], has moved out and is now living and working in Australia; b. Co-tenant [The tenant/s] tenant/s] is working in Whangārei and is either in the process of, or has already, moved out; c. Both co-tenants [The tenant/s] tenant/s] and [The tenant/s] tenant/s] were apparently aware of the hearing but were said to be unable to attend due to prior work commitments; and d. The email address listed for service in the tenancy agreement for all three tenants is hers, the other tenants do not have separate email addresses, and are said to use hers.

Given all three tenants are jointly and severally liable under the tenancy agreement, the Tribunal determined it was appropriate to proceed in their absence because: a. [The tenant/s] tenant/s] confirmed the co-tenants were aware of the hearing, b. The co-tenants made no contact with the Tribunal Registry to request an adjournment or alternative attendance, and c. They appear to have been properly served.

How much do the tenants owe?

The landlord applied for recovery of rent arrears and provided rent records verifying the amounts claimed.

On 19 June 2025, a 14-day notice to remedy the arrears was issued to the tenants and remained unremedied.

As at the date of the landlord’s application (25 June 2025), the tenants were 28 days in arrears.

By the date of the hearing (19 August 2025), the arrears had increased to over 63 days.

Should a conditional termination order be made?

Under sections 55(1)(a) and 55(1A) of the Residential Tenancies Act 1986, where, as here, rent is at least 21 days in arrears at the date of application, the Tribunal must issue either a final or conditional termination order.

The landlord noted and the Tribunal acknowledges the financial burden caused by the arrears and was, in principle, entitled to seek immediate termination. However, given [The tenant/s] tenant/s]’s personal circumstances and her recent efforts to resolve the arrears, the landlord was willing to allow her two weeks to repay the debt and demonstrate her ability to manage ongoing rent payments. The landlord was therefore open to a conditional termination arrangement.

[The tenant/s] tenant/s] explained that due to changes in occupancy, she is in the process of securing new tenants. She also indicated she had sought financial assistance and expected to receive enough funds shortly to clear the arrears and continue meeting future rent obligations. She further stated that she and her co-tenants had recently agreed to jointly repay the arrears.

Considering the landlord’s willingness to accept conditional termination and the tenant’s stated intentions and efforts, the Tribunal is satisfied that the tenant is likely to repay the debt within the specified timeframe and is unlikely to commit further relevant breaches.

Accordingly, a conditional termination order is granted.

The order will lapse if fully complied with.

If the tenant breaches the order, the possession order may be enforced within 90 days of the first breach (as per section 64(4)(b) of the Residential Tenancies Act 1986). The landlord indicated that it intended to see how rent was met for no longer than a month. The tenant understood the landlord’s indication. Should the Tribunal reimburse the landlord’s Tribunal filing fee?

As Barfoot & Thompson Limited As Agent For Eva Xia wholly succeeds with the claim, the landlord is entitled to reimbursement of the Tribunal filing fee.

Claims and awards in Tenancy Tribunal application 5294639 — net $6,647.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 16 August 2025	$6,620.00	Rent arrears as of 16 August 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,647.00
Total payable by Tenant to Landlord	$6,647.00

Order

The tenants [The tenant/s] tenant/s], [The tenant/s] tenant/s] and [The tenant/s] tenant/s] each individually and jointly owe Barfoot & Thompson Limited As Agent For Eva Xia $6,647.00 the sum of $6,647.00 (“the debt”), comprising rent arrears as of 16 August 2025 and reimbursement of the landlord’s Tribunal filing fee, as outlined below:
The tenants must make payments as follows: a. Ongoing weekly rent payments of $770.00, with the next payment due on 23 August 2025; and b. Full repayment of the $6,647.00 debt by 2 September 2025.
Payments will be applied in the following order of priority: (i) Current rent; (ii) Rent arrears; and (iii) Filing fee.
If the tenants fail to pay weekly rent within two working days of the due dates, the tenancy at Unit/Flat 1, 278 Rangatira Road, Beach Haven, Auckland 0626
If the tenants fail to pay the debt within two working days of the due date: a. The tenancy will be terminated, and the landlord will gain immediate possession of the property; and b. The outstanding balance of the debt will become immediately payable.

Reasons

The landlord applied for rent arrears and a conditional termination of the tenancy. Tenant [The tenant/s] tenant/s] wishes to repay the debt to avoid immediate termination of the tenancy.

Should the Tribunal proceed in the presence of only one tenant?

The landlord was present at the hearing. Only tenant [The tenant/s] tenant/s] attended.
[The tenant/s] tenant/s] advised the Tribunal that a. Her former partner and co-tenant, [The tenant/s] tenant/s], has moved out and is now living and working in Australia; b. Co-tenant [The tenant/s] tenant/s] is working in Whangārei and is either in the process of, or has already, moved out; c. Both co-tenants [The tenant/s] tenant/s] and [The tenant/s] tenant/s] were apparently aware of the hearing but were said to be unable to attend due to prior work commitments; and d. The email address listed for service in the tenancy agreement for all three tenants is hers, the other tenants do not have separate email addresses, and are said to use hers.
Given all three tenants are jointly and severally liable under the tenancy agreement, the Tribunal determined it was appropriate to proceed in their absence because: a. [The tenant/s] tenant/s] confirmed the co-tenants were aware of the hearing, b. The co-tenants made no contact with the Tribunal Registry to request an adjournment or alternative attendance, and c. They appear to have been properly served.

How much do the tenants owe?

The landlord applied for recovery of rent arrears and provided rent records verifying the amounts claimed.
On 19 June 2025, a 14-day notice to remedy the arrears was issued to the tenants and remained unremedied.
As at the date of the landlord’s application (25 June 2025), the tenants were 28 days in arrears.
By the date of the hearing (19 August 2025), the arrears had increased to over 63 days.

Should a conditional termination order be made?

Under sections 55(1)(a) and 55(1A) of the Residential Tenancies Act 1986, where, as here, rent is at least 21 days in arrears at the date of application, the Tribunal must issue either a final or conditional termination order.
The landlord noted and the Tribunal acknowledges the financial burden caused by the arrears and was, in principle, entitled to seek immediate termination. However, given [The tenant/s] tenant/s]’s personal circumstances and her recent efforts to resolve the arrears, the landlord was willing to allow her two weeks to repay the debt and demonstrate her ability to manage ongoing rent payments. The landlord was therefore open to a conditional termination arrangement.
[The tenant/s] tenant/s] explained that due to changes in occupancy, she is in the process of securing new tenants. She also indicated she had sought financial assistance and expected to receive enough funds shortly to clear the arrears and continue meeting future rent obligations. She further stated that she and her co-tenants had recently agreed to jointly repay the arrears.
Considering the landlord’s willingness to accept conditional termination and the tenant’s stated intentions and efforts, the Tribunal is satisfied that the tenant is likely to repay the debt within the specified timeframe and is unlikely to commit further relevant breaches.
Accordingly, a conditional termination order is granted.
The order will lapse if fully complied with.
If the tenant breaches the order, the possession order may be enforced within 90 days of the first breach (as per section 64(4)(b) of the Residential Tenancies Act 1986). The landlord indicated that it intended to see how rent was met for no longer than a month. The tenant understood the landlord’s indication. Should the Tribunal reimburse the landlord’s Tribunal filing fee?
As Barfoot & Thompson Limited As Agent For Eva Xia wholly succeeds with the claim, the landlord is entitled to reimbursement of the Tribunal filing fee.

Tenancy Tribunal case 5294639 — Rent arrears at Unit/Flat 1, 278 Rangatira Road, Beach Haven, Auckland

At a glance

Tenancy Tribunal case 5294639 — Rent arrears at Unit/Flat 1, 278 Rangatira Road, Beach Haven, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the Tribunal proceed in the presence of only one tenant?

How much do the tenants owe?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Should the Tribunal proceed in the presence of only one tenant?

How much do the tenants owe?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.