What was Tenancy Tribunal case 5328156 about?

The tribunal order states: [The tenant/s] owes Crockers Property Management Limited As Agent For

How much money was awarded in case 5328156?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $587.14 awarded to landlord

What type of tenancy dispute was case 5328156?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5328156?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12631569-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5328156 about?

The tribunal order states: [The tenant/s] owes Crockers Property Management Limited As Agent For

How much money was awarded in case 5328156?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $587.14 awarded to landlord

What type of tenancy dispute was case 5328156?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5328156?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12631569-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 323 Panama Road, Mount Wellington, Auckland Tenancy Tribunal Case 5328156 — Rent arrears

Claims and awards in Tenancy Tribunal application 5328156 — net $615.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 October 2025	$587.14	Rent arrears to 28 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$615.14
Total payable by Tenant to Landlord	$615.14

Order

[The tenant/s] owes Crockers Property Management Limited As Agent For John Wigglesworth As Trustee For The Wigglesworth Family Trust $615.14 (“the debt”), calculated as shown in the table below.
[The tenant/s] must pay rent and the debt as follows: a. By 1 weekly payment of $380.00 for rent to be paid on Friday, 31 October 2025. b. By 1 weekly payment of $967.14, being $380.00 for rent and $615.14 for the debt. c. By 10 further weekly payments of $380.00 for rent to be paid every Friday, beginning on 14/11/2025 and continuing until 16/01/2026.
Payments will be allocated in the following order: rent and the debt.
If the tenant fails to pay rent and the debt within 2 working days of the due dates: a. The tenancy at Unit/Flat 1, 323 Panama Road, Mount Wellington, Auckland 1062 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

The landlord attended the hearing on 29 October 2025. The tenant did not.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should the tenancy be terminated?

The law

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. 1
Where the breach is capable of remedy, the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. 2
In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229 [23 September 2020], the District Court held that the following factors are relevant to an assessment whether it is inequitable to refuse to terminate a tenancy: a. The history of the tenancy b. Whether there has been a persistent failure after repeated warnings 1 Residential Tenancies Act 1986, section 56(1). 2 Residential Tenancies Act 1986, section 56(1)(b). c. Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future d. Whether the breach was inadvertent or deliberately committed e. The conduct of the landlord f. The gravity of the breach g. Whether termination is a proportionate response to the breach Analysis
The landlord submitted a rent summary, which proves the tenant has breached their obligation to pay rent as and when it is due and payable under the tenancy agreement. 3 On 12 August 2025, the landlord sent the tenant a 14-day notice, requiring the tenant to pay $760.00 to remedy the breach by 26 August 2025. The tenant did not do this.
I find it would be inequitable to refuse to terminate the tenancy for the following reasons: a. The history of the tenancy. The tenancy began on 21 October 2023. The tenant has been in and out of rent arrears throughout the entire tenancy. b. Despite the 14-day notice sent to the tenant on 12 August 2025, the tenant has continued to fall into arrears and not pay their rent when due. There has been a persistent failure after repeated warnings. c. The requirement to pay rent is a fundamental obligation of the tenant. Failure to do so is a serious breach of the tenancy agreement and Residential Tenancies Act 1986 (RTA). d. The landlord gave evidence, which I accept, that it is administratively burdensome to have to continuously chase the tenant about rent arrears. The landlord claims the tenant is difficult to contact and their failure to attend the hearing supports this claim. e. Termination is a proportionate response to the breach.

Should a final or conditional order for termination be made?

I consider it appropriate to make a conditional order for termination, rather than final for the following reasons: a. Although the tenant has been in and out of rent arrears since the beginning of the tenancy, the current level of arrears is $587.14 (10 days), which is 3 Residential Tenancies Act 1986, section 40(1)(a). not very high. This gives me some reassurance that the tenant will be able to pay off the debt within the timeframe specified in the order. b. The tenant has demonstrated lengthy periods of compliance in terms of paying their rent on time. For example, the tenant remained in credit from 3 April 2025 – 17 July 2025. This proves that the tenant is able to pay their rent on time and will most likely to be motivated to do so in the future as a result of this order. On the balance of probabilities, I am convinced there is unlikely to be a further relevant breach in the future.
For these reasons, I have decided to make a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

How much does the tenant owe in rent arrears?

The landlord submitted a rent summary, which records rent arrears as $587.14 up to 28 October 2025.
I accept the landlord’s rent summary as accurate and grant their claim for $587.14 for rent arrears. Filing fee
Because Crockers Property Management Limited As Agent For John Wigglesworth As Trustee For The Wigglesworth Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5328156 — net $615.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 October 2025	$587.14	Rent arrears to 28 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$615.14
Total payable by Tenant to Landlord	$615.14

Order

[The tenant/s] owes Crockers Property Management Limited As Agent For John Wigglesworth As Trustee For The Wigglesworth Family Trust $615.14 (“the debt”), calculated as shown in the table below.
[The tenant/s] must pay rent and the debt as follows: a. By 1 weekly payment of $380.00 for rent to be paid on Friday, 31 October 2025. b. By 1 weekly payment of $967.14, being $380.00 for rent and $615.14 for the debt. c. By 10 further weekly payments of $380.00 for rent to be paid every Friday, beginning on 14/11/2025 and continuing until 16/01/2026.
Payments will be allocated in the following order: rent and the debt.
If the tenant fails to pay rent and the debt within 2 working days of the due dates: a. The tenancy at Unit/Flat 1, 323 Panama Road, Mount Wellington, Auckland 1062 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

The landlord attended the hearing on 29 October 2025. The tenant did not.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should the tenancy be terminated?

The law

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. 1
Where the breach is capable of remedy, the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. 2
In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229 [23 September 2020], the District Court held that the following factors are relevant to an assessment whether it is inequitable to refuse to terminate a tenancy: a. The history of the tenancy b. Whether there has been a persistent failure after repeated warnings 1 Residential Tenancies Act 1986, section 56(1). 2 Residential Tenancies Act 1986, section 56(1)(b). c. Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future d. Whether the breach was inadvertent or deliberately committed e. The conduct of the landlord f. The gravity of the breach g. Whether termination is a proportionate response to the breach Analysis
The landlord submitted a rent summary, which proves the tenant has breached their obligation to pay rent as and when it is due and payable under the tenancy agreement. 3 On 12 August 2025, the landlord sent the tenant a 14-day notice, requiring the tenant to pay $760.00 to remedy the breach by 26 August 2025. The tenant did not do this.
I find it would be inequitable to refuse to terminate the tenancy for the following reasons: a. The history of the tenancy. The tenancy began on 21 October 2023. The tenant has been in and out of rent arrears throughout the entire tenancy. b. Despite the 14-day notice sent to the tenant on 12 August 2025, the tenant has continued to fall into arrears and not pay their rent when due. There has been a persistent failure after repeated warnings. c. The requirement to pay rent is a fundamental obligation of the tenant. Failure to do so is a serious breach of the tenancy agreement and Residential Tenancies Act 1986 (RTA). d. The landlord gave evidence, which I accept, that it is administratively burdensome to have to continuously chase the tenant about rent arrears. The landlord claims the tenant is difficult to contact and their failure to attend the hearing supports this claim. e. Termination is a proportionate response to the breach.

Should a final or conditional order for termination be made?

I consider it appropriate to make a conditional order for termination, rather than final for the following reasons: a. Although the tenant has been in and out of rent arrears since the beginning of the tenancy, the current level of arrears is $587.14 (10 days), which is 3 Residential Tenancies Act 1986, section 40(1)(a). not very high. This gives me some reassurance that the tenant will be able to pay off the debt within the timeframe specified in the order. b. The tenant has demonstrated lengthy periods of compliance in terms of paying their rent on time. For example, the tenant remained in credit from 3 April 2025 – 17 July 2025. This proves that the tenant is able to pay their rent on time and will most likely to be motivated to do so in the future as a result of this order. On the balance of probabilities, I am convinced there is unlikely to be a further relevant breach in the future.
For these reasons, I have decided to make a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

How much does the tenant owe in rent arrears?

The landlord submitted a rent summary, which records rent arrears as $587.14 up to 28 October 2025.
I accept the landlord’s rent summary as accurate and grant their claim for $587.14 for rent arrears. Filing fee
Because Crockers Property Management Limited As Agent For John Wigglesworth As Trustee For The Wigglesworth Family Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5328156 — Rent arrears at Unit/Flat 1, 323 Panama Road, Mount Wellington, Auckland

At a glance

Award balance

Tenancy Tribunal case 5328156 — Rent arrears at Unit/Flat 1, 323 Panama Road, Mount Wellington, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Should a final or conditional order for termination be made?

How much does the tenant owe in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Should a final or conditional order for termination be made?

How much does the tenant owe in rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions