How much money was awarded in case 5336483?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,760.00 awarded to landlord; Water Rates: $227.80 awarded to landlord

What type of tenancy dispute was case 5336483?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5336483?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12535333-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5336483?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,760.00 awarded to landlord; Water Rates: $227.80 awarded to landlord

What type of tenancy dispute was case 5336483?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5336483?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12535333-Tenancy_Tribunal_Order.pdf.

131 View Road, Sunnyvale, Auckland 0612 Tenancy Tribunal Case 5336483 — Rent arrears

Q: What was Tenancy Tribunal case 5336483 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 131 View Road, Sunnyvale, Auckland 0612

Order

Claims and awards in Tenancy Tribunal application 5336483 — net $2,015.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,760.00	Rent arrears
Water rates to 3 September 2025	$227.80	Water rates to 3 September 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,015.80
Total payable by Tenant to Landlord	$2,015.80

The tenancy of [The tenant/s] tenant/s] at 131 View Road, Sunnyvale, Auckland 0612 is terminated, and possession is granted to Barfoot & Thompson Limited As Agent For Mr And [The tenant/s] landlord/s], at 11.59 am on Thursday 16 October 2025.

The Bond Centre is to pay $2,015.80 from the bond of $2,240.00 (3403825- 003) to Barfoot & Thompson Limited As Agent For Mr And [The tenant/s] landlord/s] immediately.

The balance of the bond of $224.20 is to remain at the Bond Centre.

Reasons

Both parties attended the remote hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, water rates, release of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.

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.

The tenant has breached their obligations by failing to pay rent on time and in full.

The landlord served a 14-day notice on the tenant on 26 August 2025, and the tenant did not remedy the breach within the required period.

In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229, the District Court considered s 56(1)(c) RTA and set out a range of factors relevant to whether it would be “inequitable to refuse” to terminate the tenancy: a. The history of the tenancy. b. Whether there had been a persistent failure after repeated warnings. c. Whether the history of breaches is such that it is 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.

It would not be inequitable to terminate the tenancy because;

The tenant initially fell into rent arrears in March 2025. Payments were made by the tenant, bringing the rent arrears position back into order at the beginning of July 2025. Rent fell into arrears again on 26 August 2025 and has been in arrears in varying amounts through until the date of this hearing.

The tenant received a 14 day breach notice on 26 August 2025. The tenant has not attempted to enter into any form of time payment arrangement with the landlord during since that date. At the hearing, the tenant indicated that she would be prepared to enter into a payment arrangement and that she had an appointment with WINZ on Monday 13 October 2025 to seek assistance with the payment of rent arrears .

The lengthy history of rent arrears in this tenancy is such that I am not persuaded that it is unlikely that the tenant will comply with their rent obligations in the future.

A breach of the obligation to pay rent can only be a deliberate breach.

There has been no conduct by the landlord which may have negatively impacted the tenant.

The gravity of the breach and the lengthy period over which rent has been in arrears (since 19 August 2025) is such that I consider termination of the tenancy to be a proportionate response to the breach.

The tenancy is terminated.

The landlord provided rent records and water rates records which show that the rent arrears will be $1,760.00 at the end of the tenancy and water rates to 3 September 2025 are $227.80.

As Barfoot & Thompson Limited As Agent For Mr And [The tenant/s] landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this hearing. The application for name suppression is dismissed.

Claims and awards in Tenancy Tribunal application 5336483 — net $2,015.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,760.00	Rent arrears
Water rates to 3 September 2025	$227.80	Water rates to 3 September 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,015.80
Total payable by Tenant to Landlord	$2,015.80

Order

The tenancy of [The tenant/s] tenant/s] at 131 View Road, Sunnyvale, Auckland 0612 is terminated, and possession is granted to Barfoot & Thompson Limited As Agent For Mr And [The tenant/s] landlord/s], at 11.59 am on Thursday 16 October 2025.
The Bond Centre is to pay $2,015.80 from the bond of $2,240.00 (3403825- 003) to Barfoot & Thompson Limited As Agent For Mr And [The tenant/s] landlord/s] immediately.
The balance of the bond of $224.20 is to remain at the Bond Centre.

Reasons

Both parties attended the remote hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, water rates, release of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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.
The tenant has breached their obligations by failing to pay rent on time and in full.
The landlord served a 14-day notice on the tenant on 26 August 2025, and the tenant did not remedy the breach within the required period.
In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229, the District Court considered s 56(1)(c) RTA and set out a range of factors relevant to whether it would be “inequitable to refuse” to terminate the tenancy: a. The history of the tenancy. b. Whether there had been a persistent failure after repeated warnings. c. Whether the history of breaches is such that it is 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.
It would not be inequitable to terminate the tenancy because;
The tenant initially fell into rent arrears in March 2025. Payments were made by the tenant, bringing the rent arrears position back into order at the beginning of July 2025. Rent fell into arrears again on 26 August 2025 and has been in arrears in varying amounts through until the date of this hearing.
The tenant received a 14 day breach notice on 26 August 2025. The tenant has not attempted to enter into any form of time payment arrangement with the landlord during since that date. At the hearing, the tenant indicated that she would be prepared to enter into a payment arrangement and that she had an appointment with WINZ on Monday 13 October 2025 to seek assistance with the payment of rent arrears .
The lengthy history of rent arrears in this tenancy is such that I am not persuaded that it is unlikely that the tenant will comply with their rent obligations in the future.
A breach of the obligation to pay rent can only be a deliberate breach.
There has been no conduct by the landlord which may have negatively impacted the tenant.
The gravity of the breach and the lengthy period over which rent has been in arrears (since 19 August 2025) is such that I consider termination of the tenancy to be a proportionate response to the breach.
The tenancy is terminated.
The landlord provided rent records and water rates records which show that the rent arrears will be $1,760.00 at the end of the tenancy and water rates to 3 September 2025 are $227.80.
As Barfoot & Thompson Limited As Agent For Mr And [The tenant/s] landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this hearing. The application for name suppression is dismissed.

Tenancy Tribunal case 5336483 — Rent arrears at 131 View Road, Sunnyvale, Auckland 0612

At a glance

Tenancy Tribunal case 5336483 — Rent arrears at 131 View Road, Sunnyvale, Auckland 0612

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

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.