What was Tenancy Tribunal case 5347601 about?

The tribunal order states: [The tenant/s] owes South United Limited As The Agent For Maggie Wing Shan

How much money was awarded in case 5347601?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $662.86 awarded to landlord

What type of tenancy dispute was case 5347601?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5347601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12886734-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5347601 about?

The tribunal order states: [The tenant/s] owes South United Limited As The Agent For Maggie Wing Shan

How much money was awarded in case 5347601?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $662.86 awarded to landlord

What type of tenancy dispute was case 5347601?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5347601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12886734-Tribunal_Order.pdf.

Unit/Flat A, 2 Caserta Place, Clover Park, Auckland 2023 Tenancy Tribunal Case 5347601 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5347601 — net $690.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 17 December 2025	$662.86	Rent arrears (to 17 December 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$690.86
Total payable by Tenant to Landlord	$690.86

[The tenant/s] owes South United Limited As The Agent For Maggie Wing Shan Chan & Anthony John Griffen - Tmg Properties Limited $690.86 (“the debt”) as set out in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By 17 weekly payments of $620.00, being $580.00 for rent and $40.00 for the debt. b. A final payment of $590.86, being $580.00 for rent and $10.86 for the debt. c. Payments will be every Wednesday, with the first payment on 24 December 2025 and continuing until the debt is paid in full.

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay rent and rent arrears within five working days of the due dates: a. The tenancy at Unit/Flat A, 2 Caserta Place, Clover Park, Auckland 2023 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

If the tenant fails to pay the filing fee within five working days of the due date, the filing fee will be payable immediately.

When the debt has been paid in full the conditional termination order will lapse.

Reasons

On 18 September 2025, the landlord filed an application seeking termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond and reimbursement of the filing fee.

When the matter was first called the tenant failed to appear and the landlord sought an adjournment to allow time for the parties to meet and agree a payment plan to clear the arrears. Today’s hearing is the second calling of this matter.

The hearing proceeded by way of telephone conference. Mr Caleb Lowdes, Property Manager, appeared for the landlord. The tenant did not appear, and unsuccessful attempts were made to join her to the hearing by telephone. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in her absence.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).

Should a conditional termination order be made?

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. 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. See section 56(1) of the Act.

The tenant breached their obligations by failing to pay rent as and when it fell due. On 9 September 2025, the landlord served a 14-day notice on the tenant requiring the rent arrears to be cleared by 23 September 2025. The breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the tenant’s rent remains in arrears.

At the hearing, the landlord sought a conditional termination order. The landlord wants the rent and rent arrears paid and wants to continue to work with the tenant to help her maintain her tenancy. The landlord confirmed that with the exception of the rent arrears, there are no other issues with the tenancy. They state that the tenant is good tenant who has maintained the property in a clean and tidy condition.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) of the Act.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) of the Act. Other matters

Because South United Limited As The Agent For Maggie Wing Shan Chan & Anthony John Griffen - Tmg Properties Limited has wholly succeeded with the claim I must reimburse the filing fee.

Despite being wholly successful the landlord has not sought a suppression order under s95A of the Act.

Claims and awards in Tenancy Tribunal application 5347601 — net $690.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 17 December 2025	$662.86	Rent arrears (to 17 December 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$690.86
Total payable by Tenant to Landlord	$690.86

Order

[The tenant/s] owes South United Limited As The Agent For Maggie Wing Shan Chan & Anthony John Griffen - Tmg Properties Limited $690.86 (“the debt”) as set out in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By 17 weekly payments of $620.00, being $580.00 for rent and $40.00 for the debt. b. A final payment of $590.86, being $580.00 for rent and $10.86 for the debt. c. Payments will be every Wednesday, with the first payment on 24 December 2025 and continuing until the debt is paid in full.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within five working days of the due dates: a. The tenancy at Unit/Flat A, 2 Caserta Place, Clover Park, Auckland 2023 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within five working days of the due date, the filing fee will be payable immediately.
When the debt has been paid in full the conditional termination order will lapse.

Reasons

On 18 September 2025, the landlord filed an application seeking termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond and reimbursement of the filing fee.
When the matter was first called the tenant failed to appear and the landlord sought an adjournment to allow time for the parties to meet and agree a payment plan to clear the arrears. Today’s hearing is the second calling of this matter.
The hearing proceeded by way of telephone conference. Mr Caleb Lowdes, Property Manager, appeared for the landlord. The tenant did not appear, and unsuccessful attempts were made to join her to the hearing by telephone. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in her absence.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).

Should a conditional termination order be made?

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. 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. See section 56(1) of the Act.
The tenant breached their obligations by failing to pay rent as and when it fell due. On 9 September 2025, the landlord served a 14-day notice on the tenant requiring the rent arrears to be cleared by 23 September 2025. The breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the tenant’s rent remains in arrears.
At the hearing, the landlord sought a conditional termination order. The landlord wants the rent and rent arrears paid and wants to continue to work with the tenant to help her maintain her tenancy. The landlord confirmed that with the exception of the rent arrears, there are no other issues with the tenancy. They state that the tenant is good tenant who has maintained the property in a clean and tidy condition.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) of the Act.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) of the Act. Other matters
Because South United Limited As The Agent For Maggie Wing Shan Chan & Anthony John Griffen - Tmg Properties Limited has wholly succeeded with the claim I must reimburse the filing fee.
Despite being wholly successful the landlord has not sought a suppression order under s95A of the Act.

Tenancy Tribunal case 5347601 — Rent arrears at Unit/Flat A, 2 Caserta Place, Clover Park, Auckland 2023

At a glance

Tenancy Tribunal case 5347601 — Rent arrears at Unit/Flat A, 2 Caserta Place, Clover Park, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions