What was the outcome of Tenancy Tribunal case 5295360?

The tribunal order states: The tenancy of Kathleen Belinda Van Schalkwyk at 69 Ridge Drive, Omokoroa,

How much money was awarded in case 5295360?

Filing Fee: $27.00 awarded to landlord; To 11 August 2025: $5,245.71 awarded to landlord

What type of tenancy dispute was case 5295360?

The dispute type was not classified.

Where can I read the official tribunal order for case 5295360?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12234896-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5295360?

The tribunal order states: The tenancy of Kathleen Belinda Van Schalkwyk at 69 Ridge Drive, Omokoroa,

How much money was awarded in case 5295360?

Filing Fee: $27.00 awarded to landlord; To 11 August 2025: $5,245.71 awarded to landlord

What type of tenancy dispute was case 5295360?

The dispute type was not classified.

Where can I read the official tribunal order for case 5295360?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12234896-Tenancy_Tribunal_Order.pdf.

69 Ridge Drive, Omokoroa, Omokoroa 3114 Tenancy Tribunal Case 5295360 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 5295360 — net $1,192.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
to 11 August 2025	$5,245.71	to 11 August 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,192.71
Total payable by Tenant to Landlord	$1,192.71

The tenancy of Kathleen Belinda Van Schalkwyk at 69 Ridge Drive, Omokoroa, Omokoroa 3114 is terminated, and possession is granted to Classic Residential Property Management Limited as Agent Carney Family Trust (Trustees: Daniel Carney, Margot Carney, Trustee 1401-107334 Ltd), at midnight on Monday 11 August 2025.

Kathleen Belinda Van Schalkwyk must pay Classic Residential Property Management Limited as Agent Carney Family Trust (Trustees: Daniel Carney, Margot Carney, Trustee 1401-107334 Ltd) $1,192.71 immediately, as calculated in the table below:

The Bond Centre is to pay the bond of $4,080.00 () to Classic Residential Property Management Limited as Agent Carney Family Trust (Trustees: Daniel Carney, Margot Carney, Trustee 1401-107334 Ltd) immediately.

Reasons

The hearing proceeded by way of video conference. Ms Botha, Property Manager, appeared for the landlord. Ms Van Schalkwyk failed to appear. Unsuccessful attempts were made to join the tenant to the hearing by telephone. The Tribunal was satisfied that the tenant was properly served with the notice of hearing and the case proceeded in their absence.

The tenancy commenced on 5 June 2025 and is periodic.

On 26 June 2025 the landlord filed an application with the Tribunal seeking termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).

Should the tenancy be terminated?

Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.

Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.

Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act. Reasons

The landlord provided up to date rent records which prove the amount owed.

The landlord issued a 14-day breach notice on 25 June 2025 advising the tenant that they were $680.00 in rent arrears. The tenant was required to remedy the breach notice by 9 July 2025. The notice was not remedied.

The application was filed on 26 June 2025. At that time the tenant owed $777.14 in rent arrears.

At the date of hearing the tenant’s arrears total $4,954.29. The tenant is more than 21 days in rent arrears. The tenancy is terminated. The amount claimed ordered.

The landlord seeks termination of the tenancy on Monday 11 August 2025. The tenant has only made one rent payment, that was at the commencement of the tenancy. The landlord gifted the tenant one week’s free rent. The tenant continues to accrue rent arrears which is causing the landlord financial hardship. In addition, the landlord is concerned by the presence of two unauthorised male occupants residing in the property.

Having heard from the landlord the Tribunal is satisfied that it is appropriate to terminate the tenancy at midnight on Monday 11 August 2025. Costs

Because Classic Residential Property Management Limited as Agent Carney Family Trust (Trustees: Daniel Carney, Margot Carney, Trustee 1401-107334 Ltd) has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression

Section 95A of Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars 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 did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5295360 — net $1,192.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
to 11 August 2025	$5,245.71	to 11 August 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,192.71
Total payable by Tenant to Landlord	$1,192.71

Order

The tenancy of Kathleen Belinda Van Schalkwyk at 69 Ridge Drive, Omokoroa, Omokoroa 3114 is terminated, and possession is granted to Classic Residential Property Management Limited as Agent Carney Family Trust (Trustees: Daniel Carney, Margot Carney, Trustee 1401-107334 Ltd), at midnight on Monday 11 August 2025.
Kathleen Belinda Van Schalkwyk must pay Classic Residential Property Management Limited as Agent Carney Family Trust (Trustees: Daniel Carney, Margot Carney, Trustee 1401-107334 Ltd) $1,192.71 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $4,080.00 () to Classic Residential Property Management Limited as Agent Carney Family Trust (Trustees: Daniel Carney, Margot Carney, Trustee 1401-107334 Ltd) immediately.

Reasons

The hearing proceeded by way of video conference. Ms Botha, Property Manager, appeared for the landlord. Ms Van Schalkwyk failed to appear. Unsuccessful attempts were made to join the tenant to the hearing by telephone. The Tribunal was satisfied that the tenant was properly served with the notice of hearing and the case proceeded in their absence.
The tenancy commenced on 5 June 2025 and is periodic.
On 26 June 2025 the landlord filed an application with the Tribunal seeking termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).

Should the tenancy be terminated?

Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act. Reasons
The landlord provided up to date rent records which prove the amount owed.
The landlord issued a 14-day breach notice on 25 June 2025 advising the tenant that they were $680.00 in rent arrears. The tenant was required to remedy the breach notice by 9 July 2025. The notice was not remedied.
The application was filed on 26 June 2025. At that time the tenant owed $777.14 in rent arrears.
At the date of hearing the tenant’s arrears total $4,954.29. The tenant is more than 21 days in rent arrears. The tenancy is terminated. The amount claimed ordered.
The landlord seeks termination of the tenancy on Monday 11 August 2025. The tenant has only made one rent payment, that was at the commencement of the tenancy. The landlord gifted the tenant one week’s free rent. The tenant continues to accrue rent arrears which is causing the landlord financial hardship. In addition, the landlord is concerned by the presence of two unauthorised male occupants residing in the property.
Having heard from the landlord the Tribunal is satisfied that it is appropriate to terminate the tenancy at midnight on Monday 11 August 2025. Costs
Because Classic Residential Property Management Limited as Agent Carney Family Trust (Trustees: Daniel Carney, Margot Carney, Trustee 1401-107334 Ltd) has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression
Section 95A of Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars 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 did not seek name suppression.

Tenancy Tribunal case 5295360 — Tenancy dispute at 69 Ridge Drive, Omokoroa, Omokoroa 3114

At a glance

Tenancy Tribunal case 5295360 — Tenancy dispute at 69 Ridge Drive, Omokoroa, Omokoroa 3114

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions