What was Tenancy Tribunal case 5331507 about?

The tribunal order states: The tenancy of [The tenant/s], of 23 Hamilton Drive, Waiuku, Waiuku

How much money was awarded in case 5331507?

Filing Fee: $28.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent Arrears: $1,909.32 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord; Water Rates: $1,196.34 awarded to landlord

What type of tenancy dispute was case 5331507?

The primary dispute was Rent arrears. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 5331507?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13037149-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5331507 about?

The tribunal order states: The tenancy of [The tenant/s], of 23 Hamilton Drive, Waiuku, Waiuku

How much money was awarded in case 5331507?

Filing Fee: $28.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent Arrears: $1,909.32 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord; Water Rates: $1,196.34 awarded to landlord

What type of tenancy dispute was case 5331507?

The primary dispute was Rent arrears. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 5331507?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13037149-Tribunal_Order.pdf.

23 Hamilton Drive, Waiuku, Waiuku 2123 Tenancy Tribunal Case 5331507 — Rent arrears

Claims and awards in Tenancy Tribunal application 5331507 — net $1,251.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 28 January 2026	$1,909.32	Rent arrears as of 28 January 2026
Water rates	$1,196.34	Water rates
Smoke alarm replacement	$40.00	Smoke alarm replacement
Letter box repair	$138.00	Letter box repair
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,251.66
Total payable by Tenant to Landlord	$1,251.66

Order

The tenancy of [The tenant/s], of 23 Hamilton Drive, Waiuku, Waiuku 2123, is terminated immediately, and possession is immediately granted to Edwards Realty Limited As Agent For Pooi Chun Tan.
[The tenant/s] must pay Edwards Realty Limited As Agent For Pooi Chun Tan $1,251.66 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,060.00 (3266709-014) to Edwards Realty Limited As Agent For Pooi Chun Tan immediately. DescriptionLandlord Rent arrears as of 28 January 2026$1,909.32 Water rates$1,196.34 Smoke alarm replacement$40.00 Letter box repair$138.00 Filing fee reimbursement$28.00 Total award$3,311.66 Minus bond-$2,060.00 Total payable by Tenant to Landlord$1,251.66

Reasons

The Tribunal must consider an application filed by the landlord against the tenant.
Only the landlord appeared at the hearing today. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in her absence.
I note that an earlier hearing was convened in November 2025. That hearing was adjourned until today, and it was hoped that the tenant would engage with the landlord around the rent arrears to remain in the tenancy. That has not proven to have been the outcome.
In any event, at the hearing today, the landlord advised me that the tenant has left the premises recently, and there is reasonably extensive damage to the dwelling, including broken doors, making the premises insecure.

LANDLORDS CLAIMS

At the hearing, the applicant confirmed their claims are as follows: a. Termination and rent arrears b. Water c. Letterbox d. Smoke alarm e. Plumbers charge

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
It is the applicant that must prove their case. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

ANALYSIS

I will consider the landlord’s claims in turn. Claim 1 – Termination for rent arrears.
The landlord has provided a rent ledger which shows the rent arrears as of today, is $1,909.32. The tenant has not disputed those arrears, so I accept they are owed to the landlord. The tenant is ordered to pay that sum to the landlord.
The rent arrears are in excess of 21 days in arrears as of today’s hearing. The application was filed under section 56, however section 56(2) confirms that when an application is filed for termination under section 56, if on the day of the hearing, the landlord could have applied under section 55, then the Tribunal shall determine the application as an application under section 55.
Section 55 confirms that when rent is in arrears of more than 21 days, then the Tribunal shall order termination of the tenancy. The rent arrears are more than 21 days of rent, so the tenancy is terminated.
Given the landlord’s evidence that the tenant has left the premises insecure, I order immediate possession to return to the landlord. Claim 2 - Water
The landlord claims $1,196.34 for volumetric water charges. I accept the tenant is liable for this sum, so it is ordered in full. Claim 3 – Smoke alarm
The landlord claims $40.00 for a replacement smoke alarm, which went missing during the tenancy.
I accept that the smoke alarm, which is landlord property, has been removed from the tenancy. The tenant is liable for the replacement cost, which is ordered in full. Claim 4 – Letter box
The landlord claims $138.00 for the reinstallation of the letter box. The landlord states that the box had been knocked over by a car, and that the tenant accepted liability for this.
Where damage occurred during a tenancy, if the damage is not fair wear and tear, the tenant must prove it was not careless or intentional damage. The tenant has not proven that. This claim is established, and is ordered in full. Claim 5 – Plumbers bill
The landlord states that the plumber attended the premises, but could not gain entry to the premises because the tenant had a dog loose in the grounds. This resulted in an additional charge from the plumber who could not get a hold of the tenant to enter the premises.
This claim is finely balanced, but I am not persuaded that the tenant is liable for this charge. The plumber needed to attend to replace a leaking pressure reduction valve. That is a maintenance responsibility which sits with the landlord. The landlord is able to give notice and enter the premises, or could obtain the tenants permission and enter. In this case, the landlord’s argument is that because the tenant had a dog, the plumber was not able to get onto the property.
If this were a case where I accepted there was evidence to show that the tenant had intentionally let the dog out to stop the plumber from coming to fix the valve, I would have found for the landlord. But there is no such evidence.
On balance, finding as I do that there is no breach on the part of the tenant, I cannot find any legal basis to order this additional cost be paid by the tenant. Bond
I order that the bond of $2,060.00 be released in full to the landlord to offset the costs ordered.

FILING FEE

The applicant has been partly successful in their claim before the Tribunal. I find it is reasonable, therefore, to award the filing fee paid to commence the proceeding in the Tribunal.

Claims and awards in Tenancy Tribunal application 5331507 — net $1,251.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 28 January 2026	$1,909.32	Rent arrears as of 28 January 2026
Water rates	$1,196.34	Water rates
Smoke alarm replacement	$40.00	Smoke alarm replacement
Letter box repair	$138.00	Letter box repair
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,251.66
Total payable by Tenant to Landlord	$1,251.66

Order

The tenancy of [The tenant/s], of 23 Hamilton Drive, Waiuku, Waiuku 2123, is terminated immediately, and possession is immediately granted to Edwards Realty Limited As Agent For Pooi Chun Tan.
[The tenant/s] must pay Edwards Realty Limited As Agent For Pooi Chun Tan $1,251.66 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,060.00 (3266709-014) to Edwards Realty Limited As Agent For Pooi Chun Tan immediately. DescriptionLandlord Rent arrears as of 28 January 2026$1,909.32 Water rates$1,196.34 Smoke alarm replacement$40.00 Letter box repair$138.00 Filing fee reimbursement$28.00 Total award$3,311.66 Minus bond-$2,060.00 Total payable by Tenant to Landlord$1,251.66

Reasons

The Tribunal must consider an application filed by the landlord against the tenant.
Only the landlord appeared at the hearing today. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in her absence.
I note that an earlier hearing was convened in November 2025. That hearing was adjourned until today, and it was hoped that the tenant would engage with the landlord around the rent arrears to remain in the tenancy. That has not proven to have been the outcome.
In any event, at the hearing today, the landlord advised me that the tenant has left the premises recently, and there is reasonably extensive damage to the dwelling, including broken doors, making the premises insecure.

LANDLORDS CLAIMS

At the hearing, the applicant confirmed their claims are as follows: a. Termination and rent arrears b. Water c. Letterbox d. Smoke alarm e. Plumbers charge

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
It is the applicant that must prove their case. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

ANALYSIS

I will consider the landlord’s claims in turn. Claim 1 – Termination for rent arrears.
The landlord has provided a rent ledger which shows the rent arrears as of today, is $1,909.32. The tenant has not disputed those arrears, so I accept they are owed to the landlord. The tenant is ordered to pay that sum to the landlord.
The rent arrears are in excess of 21 days in arrears as of today’s hearing. The application was filed under section 56, however section 56(2) confirms that when an application is filed for termination under section 56, if on the day of the hearing, the landlord could have applied under section 55, then the Tribunal shall determine the application as an application under section 55.
Section 55 confirms that when rent is in arrears of more than 21 days, then the Tribunal shall order termination of the tenancy. The rent arrears are more than 21 days of rent, so the tenancy is terminated.
Given the landlord’s evidence that the tenant has left the premises insecure, I order immediate possession to return to the landlord. Claim 2 - Water
The landlord claims $1,196.34 for volumetric water charges. I accept the tenant is liable for this sum, so it is ordered in full. Claim 3 – Smoke alarm
The landlord claims $40.00 for a replacement smoke alarm, which went missing during the tenancy.
I accept that the smoke alarm, which is landlord property, has been removed from the tenancy. The tenant is liable for the replacement cost, which is ordered in full. Claim 4 – Letter box
The landlord claims $138.00 for the reinstallation of the letter box. The landlord states that the box had been knocked over by a car, and that the tenant accepted liability for this.
Where damage occurred during a tenancy, if the damage is not fair wear and tear, the tenant must prove it was not careless or intentional damage. The tenant has not proven that. This claim is established, and is ordered in full. Claim 5 – Plumbers bill
The landlord states that the plumber attended the premises, but could not gain entry to the premises because the tenant had a dog loose in the grounds. This resulted in an additional charge from the plumber who could not get a hold of the tenant to enter the premises.
This claim is finely balanced, but I am not persuaded that the tenant is liable for this charge. The plumber needed to attend to replace a leaking pressure reduction valve. That is a maintenance responsibility which sits with the landlord. The landlord is able to give notice and enter the premises, or could obtain the tenants permission and enter. In this case, the landlord’s argument is that because the tenant had a dog, the plumber was not able to get onto the property.
If this were a case where I accepted there was evidence to show that the tenant had intentionally let the dog out to stop the plumber from coming to fix the valve, I would have found for the landlord. But there is no such evidence.
On balance, finding as I do that there is no breach on the part of the tenant, I cannot find any legal basis to order this additional cost be paid by the tenant. Bond
I order that the bond of $2,060.00 be released in full to the landlord to offset the costs ordered.

FILING FEE

The applicant has been partly successful in their claim before the Tribunal. I find it is reasonable, therefore, to award the filing fee paid to commence the proceeding in the Tribunal.

Tenancy Tribunal case 5331507 — Rent arrears at 23 Hamilton Drive, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 5331507 — Rent arrears at 23 Hamilton Drive, Waiuku, Waiuku 2123

At a glance

Award balance

Claims & awards

Order

Reasons

LANDLORDS CLAIMS

RELEVANT LEGAL CONSIDERATIONS

ANALYSIS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

LANDLORDS CLAIMS

RELEVANT LEGAL CONSIDERATIONS

ANALYSIS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions