What was Tenancy Tribunal case 5348821 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 202, 63 Waipuna Road, Mount

How much money was awarded in case 5348821?

Rent Arrears: $1,232.00 awarded to landlord

What type of tenancy dispute was case 5348821?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5348821?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12691623-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5348821 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 202, 63 Waipuna Road, Mount

How much money was awarded in case 5348821?

Rent Arrears: $1,232.00 awarded to landlord

What type of tenancy dispute was case 5348821?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5348821?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12691623-Tenancy_Tribunal_Order.pdf.

Unit/Flat 202, 63 Waipuna Road, Mount Wellington, Tenancy Tribunal Case 5348821 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5348821 — net $1,232.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 10 November 2025	$1,232.00	Rent arrears (to 10 November 2025
Net award	$1,232.00
Total payable by Tenant to Landlord	$1,232.00

The tenancy of [The tenant/s] at Unit/Flat 202, 63 Waipuna Road, Mount Wellington, Auckland 1060 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at midnight on 10 November 2025.

[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,232.00 immediately, being rent arrears to 10 November 2025.

Reasons

The hearing proceeded by way of telephone conference. Mr Timu, Senior Tribunal Adviser, appeared for the landlord.

The Tribunal was aware the tenant is being held in custody. An unsuccessful attempt was made to join the tenant to the hearing by telephone from the prison. No agent appeared on behalf of the tenant. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence.

The tenancy commenced on 16 October 2023 and was periodic.

On 20 September 2025, the landlord filed an application seeking termination of the tenancy and rent arrears.

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”). Termination of the tenancy under section 55 of the Act

Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.

The application was filed with the Tribunal on 20 September 2025. At the date of filing the tenants rent arrears totalled $590.85. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated.

The landlord seeks immediate possession of the property. The rent is continuing to accrue and, as a social housing provider, there is significant demand for their properties. The Tribunal considers that it is appropriate to grant the landlord possession of the property from midnight on 10 November 2025. Rent arrears

The landlord provided up to date rent records which prove the amount owing at the end of the tenancy totalled $1,232.00. The amount claimed is ordered. Termination of the tenancy under section 56 of the Act

The landlord also applied for termination of the tenancy under section 56 of the Act.

Section 56(1) of the Act states 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.

The landlord states the tenant breached the terms of their tenancy agreement by failing to reside at the property. A breach notice was served on the tenant on 19 August 2025 advising the tenant that they were required to live at the property. The breach was required to be remedied by 5 September 2025. The breach was not remedied.

As the tenancy has already been terminated under section 55 the Tribunal declines to also terminate the tenancy under section 56 of the Act. Costs

The landlord did not seek costs. Name Suppression

The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5348821 — net $1,232.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 10 November 2025	$1,232.00	Rent arrears (to 10 November 2025
Net award	$1,232.00
Total payable by Tenant to Landlord	$1,232.00

Order

The tenancy of [The tenant/s] at Unit/Flat 202, 63 Waipuna Road, Mount Wellington, Auckland 1060 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at midnight on 10 November 2025.
[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,232.00 immediately, being rent arrears to 10 November 2025.

Reasons

The hearing proceeded by way of telephone conference. Mr Timu, Senior Tribunal Adviser, appeared for the landlord.
The Tribunal was aware the tenant is being held in custody. An unsuccessful attempt was made to join the tenant to the hearing by telephone from the prison. No agent appeared on behalf of the tenant. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence.
The tenancy commenced on 16 October 2023 and was periodic.
On 20 September 2025, the landlord filed an application seeking termination of the tenancy and rent arrears.
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”). Termination of the tenancy under section 55 of the Act
Under section 55(1) of the Act, the Tribunal must, subject to subsection 55(2) terminate the tenancy, if at the time the application was filed, the rent was at least 21 days in arrears.
The application was filed with the Tribunal on 20 September 2025. At the date of filing the tenants rent arrears totalled $590.85. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated.
The landlord seeks immediate possession of the property. The rent is continuing to accrue and, as a social housing provider, there is significant demand for their properties. The Tribunal considers that it is appropriate to grant the landlord possession of the property from midnight on 10 November 2025. Rent arrears
The landlord provided up to date rent records which prove the amount owing at the end of the tenancy totalled $1,232.00. The amount claimed is ordered. Termination of the tenancy under section 56 of the Act
The landlord also applied for termination of the tenancy under section 56 of the Act.
Section 56(1) of the Act states 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.
The landlord states the tenant breached the terms of their tenancy agreement by failing to reside at the property. A breach notice was served on the tenant on 19 August 2025 advising the tenant that they were required to live at the property. The breach was required to be remedied by 5 September 2025. The breach was not remedied.
As the tenancy has already been terminated under section 55 the Tribunal declines to also terminate the tenancy under section 56 of the Act. Costs
The landlord did not seek costs. Name Suppression
The landlord did not seek name suppression.

Tenancy Tribunal case 5348821 — Rent arrears at Unit/Flat 202, 63 Waipuna Road, Mount Wellington,

At a glance

Tenancy Tribunal case 5348821 — Rent arrears at Unit/Flat 202, 63 Waipuna Road, Mount Wellington,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions