What was Tenancy Tribunal case 5359941 about?

The tribunal order states: The tenancy of [The tenant/s] at 36B Moore Street, Leamington, Cambridge 3432

How much money was awarded in case 5359941?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,664.29 awarded to landlord

What type of tenancy dispute was case 5359941?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5359941?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12754763-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5359941 about?

The tribunal order states: The tenancy of [The tenant/s] at 36B Moore Street, Leamington, Cambridge 3432

How much money was awarded in case 5359941?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,664.29 awarded to landlord

What type of tenancy dispute was case 5359941?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5359941?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12754763-Tenancy_Tribunal_Order.pdf.

36B Moore Street, Leamington, Cambridge 3432 Tenancy Tribunal Case 5359941 — Rent arrears

Claims and awards in Tenancy Tribunal application 5359941 — net $3,092.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 21 November 2025	$5,664.29	Rent arrears (to 21 November 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,092.29
Total payable by Tenant to Landlord	$3,092.29

Order

The tenancy of [The tenant/s] at 36B Moore Street, Leamington, Cambridge 3432 is terminated, and possession is granted to Fahey Property Management Limited As Agent For Callum Otway, at midnight on 21 November 2025.
The Bond Centre is to pay the bond of $2,600.00 (BN-00032966) to Fahey Property Management Limited As Agent For Callum Otway immediately.
[The tenant/s] must pay Fahey Property Management Limited As Agent For Callum Otway $3,092.29 immediately, calculated as shown in the table below:

Reasons

On 6 October 2025 the landlord filed an application seeking termination of the tenancy for breach of the tenant’s obligations to pay rent and rent arrears, refund of the bond and reimbursement of the filing fee.
The hearing proceeded by way of telephone conference. Ms Dasler, Property Manager, appeared for the landlord.
Three unsuccessful attempts were made to join the tenant to the hearing by telephone. The first two calls were answered but quickly terminated and the third rang briefly before being sent to voicemail. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence.
At the hearing the landlord sought to amend their claim to include rent and rent arrears to 4 December 2025 stating the tenant had abandoned the property and was liable to pay rent until the new tenant’s moved into the property on 5 December 2025. The Tribunal declined to amend the landlord’s claim for termination for abandonment and rent plus rent arrears to 4 December 2025. The principals of fairness and natural justice apply. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. Background of the tenancy
The tenancy commenced on 10 February 2025 with the fixed term due to expire on 10 February 2026.
On 2 October 2025 the landlord served a 14-day breach notice on the tenant advising them that they were $1,300.00 in rent arrears and requiring the breach to be remedied by 16 October 2026. The breach was not remedied.
On 23 October 2025 the landlord completed a home visit at the property and discovered it to be empty with all of the tenant’s possessions removed. Rent arrears
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.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act.

Should the tenancy be terminated?

The landlord provided up to date rent records which prove the amount owed.
The application was filed on 6 October 2025. At the date of filing the tenant’s rent arrears totalled $1,392.86. Rent was not 21 days in arrears and the application for termination under section 55(1) of the Act is dismissed.
The tenant failed to remedy the breach notice for rent arrears. The tenant has not paid rent since 17 September 2025. At the date of hearing the tenant’s rent is more than 21 days in arrears and totals $5,664.30. It would be inequitable to refuse termination. In accordance with sections 56(1) and (2) of the Act the tenancy is terminated, and possession is granted to the landlord at midnight on 21 November 2025.
Rent in the amount of $5,664.30 is ordered. Costs
Because Fahey Property Management Limited As Agent For Callum Otway has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Despite being wholly successful the landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5359941 — net $3,092.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 21 November 2025	$5,664.29	Rent arrears (to 21 November 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,092.29
Total payable by Tenant to Landlord	$3,092.29

Order

The tenancy of [The tenant/s] at 36B Moore Street, Leamington, Cambridge 3432 is terminated, and possession is granted to Fahey Property Management Limited As Agent For Callum Otway, at midnight on 21 November 2025.
The Bond Centre is to pay the bond of $2,600.00 (BN-00032966) to Fahey Property Management Limited As Agent For Callum Otway immediately.
[The tenant/s] must pay Fahey Property Management Limited As Agent For Callum Otway $3,092.29 immediately, calculated as shown in the table below:

Reasons

On 6 October 2025 the landlord filed an application seeking termination of the tenancy for breach of the tenant’s obligations to pay rent and rent arrears, refund of the bond and reimbursement of the filing fee.
The hearing proceeded by way of telephone conference. Ms Dasler, Property Manager, appeared for the landlord.
Three unsuccessful attempts were made to join the tenant to the hearing by telephone. The first two calls were answered but quickly terminated and the third rang briefly before being sent to voicemail. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence.
At the hearing the landlord sought to amend their claim to include rent and rent arrears to 4 December 2025 stating the tenant had abandoned the property and was liable to pay rent until the new tenant’s moved into the property on 5 December 2025. The Tribunal declined to amend the landlord’s claim for termination for abandonment and rent plus rent arrears to 4 December 2025. The principals of fairness and natural justice apply. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. Background of the tenancy
The tenancy commenced on 10 February 2025 with the fixed term due to expire on 10 February 2026.
On 2 October 2025 the landlord served a 14-day breach notice on the tenant advising them that they were $1,300.00 in rent arrears and requiring the breach to be remedied by 16 October 2026. The breach was not remedied.
On 23 October 2025 the landlord completed a home visit at the property and discovered it to be empty with all of the tenant’s possessions removed. Rent arrears
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.
Under section 56(1) of the Act, the Tribunal may terminate a tenancy if the tenant has failed to remedy a 14-day breach notice for rent arrears, and it would be inequitable to refuse termination.
Under section 56(2) of the Act, if an application is made under section 56(1) and, at the time of the hearing the rent was at least 21 days in arrears, the Tribunal shall determine the application as if it had been made under section 55(1) and (2) of the Act.

Should the tenancy be terminated?

The landlord provided up to date rent records which prove the amount owed.
The application was filed on 6 October 2025. At the date of filing the tenant’s rent arrears totalled $1,392.86. Rent was not 21 days in arrears and the application for termination under section 55(1) of the Act is dismissed.
The tenant failed to remedy the breach notice for rent arrears. The tenant has not paid rent since 17 September 2025. At the date of hearing the tenant’s rent is more than 21 days in arrears and totals $5,664.30. It would be inequitable to refuse termination. In accordance with sections 56(1) and (2) of the Act the tenancy is terminated, and possession is granted to the landlord at midnight on 21 November 2025.
Rent in the amount of $5,664.30 is ordered. Costs
Because Fahey Property Management Limited As Agent For Callum Otway has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Despite being wholly successful the landlord did not seek name suppression.

Tenancy Tribunal case 5359941 — Rent arrears at 36B Moore Street, Leamington, Cambridge 3432

At a glance

Tenancy Tribunal case 5359941 — Rent arrears at 36B Moore Street, Leamington, Cambridge 3432

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

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions