Tenantcheck Insights · Case study
Tenancy Tribunal case 5345023 — Rent arrears at 409A and 411A Worcester Street, Linwood, Christchurch
Published 11 March 2026 · Application 5345023
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Christchurch
Tribunal region
Adjudicator
J Setefano
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $63,100.96
- Total balance for Tenant to pay Landlord
- $63,100.96
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 13/03/2026 | $63,072.96 | 28. The evidence establishes that the rent arrears far exceed the statutory threshold. | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $63,100.96 | ||
| Total payable by Tenant to Landlord | $63,100.96 |
Claims and awards for application 5345023 — net $63,100.96 NZD. Verify on MoJ.
Rent arrears to 13/03/2026
- Amount
- $63,072.96
- Awarded to
- Landlord
- Reason
- 28. The evidence establishes that the rent arrears far exceed the statutory threshold.
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $63,100.96
Total payable by Tenant to Landlord
Landlord $63,100.96
Claim types — money lines allowed on this order
Order
- The tenancy of Fono Mele at 409A and 411A Worcester Street, Linwood, Christchurch 8011 are terminated, and possession is granted to Rempstone Property Management On Behalf Of Owner Zs Zhao Investments Limited, at
- 59 pm on Friday 13 March 2026.
- Fono Mele must pay Rempstone Property Management On Behalf Of Owner Zs Zhao Investments Limited $63,100.96 immediately, calculated as shown in the table below:
Reasons
- This is an application by the landlord seeking termination of the residential tenancy pursuant to section 55(1)(a) of the Residential Tenancies Act 1986 on the basis that the rent was more than 21 days in arrears at the time the application was filed. The landlord also seeks an order for payment of rent arrears.
- The hearing was held by teleconference. Both parties attended. Background
- The tenant rented the entire building located at 409–411 Worcester Street. The property comprises four separate units and a garage. The ground floor contains two commercial units located at 409 and 411 Worcester Street. The first floor contains two residential units located at 409A and 411A Worcester Street. The property also includes a garage.
- The residential tenancy for units 409A and 411A commenced on 13 September 2021. The agreed weekly rent for each residential unit is $300 per week, resulting in a combined residential rent of $600 per week.
- The tenant also entered into a commercial lease for the ground floor commercial units and the garage. The commercial lease commenced on 27 June 2022. The commercial units and garage fall outside the jurisdiction of the Tenancy Tribunal as they relate to commercial premises.
- This decision concerns only the residential tenancy for units 409A and 411A.
- Rempstone Property Management (“RPM”) assumed management of the property on 27 February 2025. Landlord’s Claim
- The landlord seeks termination of the residential tenancy and payment of rent arrears.
- The landlord provided the tenancy agreement, rent statements, and calculation spreadsheets in support of the claim. These documents show that significant rent arrears have accumulated over time.
- The landlord submits that arrears accumulated both before and after RPM assumed management of the property.
- Based on the landlord’s records, residential rent arrears prior to RPM’s management totalled $41,671.53 after accounting for payments made by the tenants. These arrears relate to the period between January 2023 and August 2024.
- Since RPM assumed management on 27 February 2025, further residential rent arrears have accrued. As at 11 March 2026, the arrears recorded during RPM’s management total $22,360.
- The landlord therefore claims total residential rent arrears of $62,901.53 as at 11 March 2026.
- The landlord also advised that no rent has been paid since July 2025. Tenant’s Position
- The tenant acknowledged that rent arrears exist. The tenant explained that she has been experiencing financial difficulties and that her husband has ongoing health issues, which have contributed to their inability to maintain the rent payments.
- The tenant advised that she has applied to withdraw funds from KiwiSaver and is awaiting a response. She sought an extension of time to remain in the residential units until 31 March 2026, which she said corresponds with the notice she has received in relation to the commercial premises. Landlord’s Response
- RPM advised that the landlord is also experiencing significant financial pressure as a result of the ongoing arrears. The property manager confirmed that the tenant’s request for additional time had been presented to the landlord but was declined.
- The landlord submitted that no rent has been received since July 2025 and that the arrears have continued to increase. The landlord therefore seeks termination of the tenancy and recovery of the rent arrears. Relevant Law
- Section 55(1)(a) of the Residential Tenancies Act 1986 provides that the Tribunal must make an order terminating a tenancy if the Tribunal is satisfied that the rent is at least 21 days in arrears at the date the application is filed.
- The provision is mandatory. If the Tribunal is satisfied that the statutory threshold is met, the Tribunal must terminate the tenancy.
- Under section 40(1)(a) of the Act, tenants are required to pay the rent when it becomes due.
- Where rent remains unpaid, the Tribunal may also make orders requiring payment of the arrears pursuant to section 77 of the Act. Analysis
- I am satisfied on the evidence that the residential tenancy commenced on 13 September 2021 and that the combined weekly rent for the two residential units is $600 per week.
- The landlord has provided detailed rent records which set out the payments received and the arrears that have accrued over time. The records show that substantial rent arrears have accumulated both prior to and following RPM assuming management of the property.
- The tenant did not dispute the accuracy of the landlord’s rent records. Rather, the tenant acknowledged that rent arrears exist and explained the personal circumstances that have contributed to the arrears.
- I accept that the tenant has been experiencing financial hardship and that her husband’s health issues have placed additional strain on the household. I also acknowledge the tenant’s efforts to seek alternative financial assistance through KiwiSaver.
- However, while the Tribunal has sympathy for the tenant’s circumstances, the statutory test under section 55(1)(a) is clear. If rent was at least 21 days in arrears when the application was filed, the Tribunal must terminate the tenancy.
- The evidence establishes that the rent arrears far exceed the statutory threshold. The arrears total $62,901.53 as at 11 March 2026. No rent has been paid since July 2025.
- Accordingly, I am satisfied that the rent was significantly more than 21 days in arrears at the time the landlord filed the application.
- In those circumstances, section 55(1)(a) requires that the tenancy be terminated.
- The landlord has also established the amount of rent arrears owing. The landlord’s rent statements are detailed and consistent with the weekly rent obligations under the tenancy agreement.
- Allowing for the additional rent that accrued between 11 March 2026 and the termination date, the total rent arrears owing at the end of the tenancy are $63,072.96. I am satisfied that this amount is properly payable.
- The landlord has established the claim.
- The tenancy for the residential premises at 409A and 411A W Street is terminated pursuant to section 55(1)(a) of the Residential Tenancies Act 1986.
- The tenancy will end at midnight on Friday 13 March 2026.
- The tenant is ordered to pay the landlord rent arrears in the amount of $63,072.96.
- As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s23, s40(1), s409A, s55(1), s77
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5345023?
The tribunal order states: The tenancy of Fono Mele at 409A and 411A Worcester Street, Linwood,
How much money was awarded in case 5345023?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $63,072.96 awarded to landlord
What type of tenancy dispute was case 5345023?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5345023?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13264587-Tenancy_Tribunal_Order.pdf.