What was Tenancy Tribunal case 5336387 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5336387?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,185.71 awarded to landlord; Water Rates: $45.60 awarded to landlord

What type of tenancy dispute was case 5336387?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5336387?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12645459-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5336387 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5336387?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,185.71 awarded to landlord; Water Rates: $45.60 awarded to landlord

What type of tenancy dispute was case 5336387?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5336387?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12645459-Tribunal_Order_Redacted.pdf.

18 Wallson Crescent, Wiri, Auckland 2104 Tenancy Tribunal Case 5336387 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5336387 — net $5,259.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 10 October 2025	$5,185.71	Rent arrears (to 10 October 2025
Water rates (to 15 July 2025	$45.60	Water rates (to 15 July 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,259.31
Total payable by Tenant to Landlord	$5,259.31

On 28 August 2025, the landlord filed an application seeking rent arrears, outstanding water rates charges and reimbursement of the filing fee.

The hearing proceeded by way of video conference. [Property Manager], Property Manager, appeared for the landlord. The tenant did not appear, and unsuccessful attempts were made to join them to the hearing by telephone. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).

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.

This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

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. Background of the tenancy

The tenancy commenced on 23 May 2025 with the fixed term due to expire on 30 November 2025.

The tenant sought early release from the fixed term as they were unable to meet their rent obligations.

The landlord consent to early termination of the fixed term on the basis the tenant continued to pay rent until a new tenant could be found to rent the property.

On 2 August 2025, the tenant vacated the property.

On 19 September 2025, the bond of $2,400.00 was refunded to the landlord to offset rent arrears.

The landlord told the Tribunal that despite advertising the property for rent on multiple websites and holding open homes they were unable to relet the property until 11 October 2025.

The tribunal was not asked to hear a claim for break lease costs.

How much is owed in rent arrears?

The landlord seeks rent arrears to 10 October 2025 and has provided rent records which prove the amount owing. The amount claimed is ordered.

How much is owed for water rates?

The landlord seeks $45.60 in outstanding water rates charges for the period 13 June to 15 July 2025 and had provided a water rates bill and an invoice in the amount claimed. The amount claimed is awarded. Costs

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression

Section 95A of the 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 has been wholly successful and is granted name suppression.

Claims and awards in Tenancy Tribunal application 5336387 — net $5,259.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 10 October 2025	$5,185.71	Rent arrears (to 10 October 2025
Water rates (to 15 July 2025	$45.60	Water rates (to 15 July 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,259.31
Total payable by Tenant to Landlord	$5,259.31

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Micardo James Van Rooyen must pay [The landlord/s] $5,259.31 immediately, as set out in the table below:

Reasons

On 28 August 2025, the landlord filed an application seeking rent arrears, outstanding water rates charges and reimbursement of the filing fee.
The hearing proceeded by way of video conference. [Property Manager], Property Manager, appeared for the landlord. The tenant did not appear, and unsuccessful attempts were made to join them to the hearing by telephone. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
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.
This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
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. Background of the tenancy
The tenancy commenced on 23 May 2025 with the fixed term due to expire on 30 November 2025.
The tenant sought early release from the fixed term as they were unable to meet their rent obligations.
The landlord consent to early termination of the fixed term on the basis the tenant continued to pay rent until a new tenant could be found to rent the property.
On 2 August 2025, the tenant vacated the property.
On 19 September 2025, the bond of $2,400.00 was refunded to the landlord to offset rent arrears.
The landlord told the Tribunal that despite advertising the property for rent on multiple websites and holding open homes they were unable to relet the property until 11 October 2025.
The tribunal was not asked to hear a claim for break lease costs.

How much is owed in rent arrears?

The landlord seeks rent arrears to 10 October 2025 and has provided rent records which prove the amount owing. The amount claimed is ordered.

How much is owed for water rates?

The landlord seeks $45.60 in outstanding water rates charges for the period 13 June to 15 July 2025 and had provided a water rates bill and an invoice in the amount claimed. The amount claimed is awarded. Costs
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression
Section 95A of the 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 has been wholly successful and is granted name suppression.

Tenancy Tribunal case 5336387 — Rent arrears at 18 Wallson Crescent, Wiri, Auckland 2104

At a glance

Tenancy Tribunal case 5336387 — Rent arrears at 18 Wallson Crescent, Wiri, Auckland 2104

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed in rent arrears?

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed in rent arrears?

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions