What was Tenancy Tribunal case 5346443 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 45 Waikato Esplanade,

How much money was awarded in case 5346443?

Rent Arrears: $4,309.85 awarded to landlord

What type of tenancy dispute was case 5346443?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5346443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12717676-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5346443 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 45 Waikato Esplanade,

How much money was awarded in case 5346443?

Rent Arrears: $4,309.85 awarded to landlord

What type of tenancy dispute was case 5346443?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5346443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12717676-Tenancy_Tribunal_Order.pdf.

45 Waikato Esplanade, Ngaruawahia, Ngaruawahia 3720 Tenancy Tribunal Case 5346443 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5346443 — net $4,097.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/11/2025	$4,309.85	Rent arrears to 14/11/2025
Net award	$4,097.85
Total payable by Tenant to Landlord	$4,097.85

The tenancy of [The tenant/s] tenant/s] at 45 Waikato Esplanade, Ngaruawahia, Ngaruawahia 3720 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.

The Bond Centre is to pay the bond of $212.00 (3037821-009) to Kāinga Ora– Homes And Communities immediately.

[The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $4,097.85 immediately, calculated as shown in the table below:

Reasons

Only the applicant landlord attended the hearing. Ms King did not attend. She provided a written response which has been considered. Her telephone number was answered but the person answering it said that she was unavailable. No request for a representative to appear on her behalf was received.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy. I have considered Ms King’s submission that the applicant has incorrectly assessed her rent, however Kainga Ora does not set income related rents, MSD does that. Rent has not been received for more than 12 weeks. The applicant has correctly applied the market rent advised by MSD as it is required to do.

The Tribunal MUST terminate a tenancy when the rent is at least three weeks in arrears at the date of application (and the date of hearing).

There is no discretion not to terminate the tenancy on the basis of the rent arrears alone. Failure to occupy premises

The landlord has also applied for termination of the tenancy for breach of the tenant’s obligation to occupy the premises herself or personally. This requirement is set out in clauses 26 and 27 of the tenancy agreement which state a tenant must live at the premises and notify the applicant if they are going to be away for more than 30 days.

Ms King, by her own admission, has not occupied the premises since 18 March 2025. She was issued a breach notice on 29 July and has not (or not been able to) returned to the property. The evidence suggests that she is unable to return to the property until early 2026.

Should the tenancy be terminated on the alternative ground?

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 occupy the property and failing to notify the landlord she was away from the property and likely to be for an extended period of time.

The landlord served a 14-day notice on the tenant on 29 July 2025, and the tenant did not remedy the breach within the required period. She has still not remedied the breach and is unable to do so until next year.

The nature and extent of the breach mean It would be inequitable to refuse to terminate the tenancy on this ground either.

For both reasons the Tribunal therefore finds that the tenancy must be terminated immediately.

Claims and awards in Tenancy Tribunal application 5346443 — net $4,097.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/11/2025	$4,309.85	Rent arrears to 14/11/2025
Net award	$4,097.85
Total payable by Tenant to Landlord	$4,097.85

Order

The tenancy of [The tenant/s] tenant/s] at 45 Waikato Esplanade, Ngaruawahia, Ngaruawahia 3720 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
The Bond Centre is to pay the bond of $212.00 (3037821-009) to Kāinga Ora– Homes And Communities immediately.
[The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $4,097.85 immediately, calculated as shown in the table below:

Reasons

Only the applicant landlord attended the hearing. Ms King did not attend. She provided a written response which has been considered. Her telephone number was answered but the person answering it said that she was unavailable. No request for a representative to appear on her behalf was received.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy. I have considered Ms King’s submission that the applicant has incorrectly assessed her rent, however Kainga Ora does not set income related rents, MSD does that. Rent has not been received for more than 12 weeks. The applicant has correctly applied the market rent advised by MSD as it is required to do.
The Tribunal MUST terminate a tenancy when the rent is at least three weeks in arrears at the date of application (and the date of hearing).
There is no discretion not to terminate the tenancy on the basis of the rent arrears alone. Failure to occupy premises
The landlord has also applied for termination of the tenancy for breach of the tenant’s obligation to occupy the premises herself or personally. This requirement is set out in clauses 26 and 27 of the tenancy agreement which state a tenant must live at the premises and notify the applicant if they are going to be away for more than 30 days.
Ms King, by her own admission, has not occupied the premises since 18 March 2025. She was issued a breach notice on 29 July and has not (or not been able to) returned to the property. The evidence suggests that she is unable to return to the property until early 2026.

Should the tenancy be terminated on the alternative ground?

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 occupy the property and failing to notify the landlord she was away from the property and likely to be for an extended period of time.
The landlord served a 14-day notice on the tenant on 29 July 2025, and the tenant did not remedy the breach within the required period. She has still not remedied the breach and is unable to do so until next year.
The nature and extent of the breach mean It would be inequitable to refuse to terminate the tenancy on this ground either.
For both reasons the Tribunal therefore finds that the tenancy must be terminated immediately.

Tenancy Tribunal case 5346443 — Rent arrears at 45 Waikato Esplanade, Ngaruawahia, Ngaruawahia 3720

At a glance

Tenancy Tribunal case 5346443 — Rent arrears at 45 Waikato Esplanade, Ngaruawahia, Ngaruawahia 3720

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated on the alternative ground?

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 on the alternative ground?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.