Tenantcheck Insights · Case study
Tenancy Tribunal case 5362213 — Tenancy dispute at Unit/Flat 2, 23 Barnetts Road, Waipara, RD 3, Waipara
Decided 20 February 2026 · Published 20 February 2026 · Application 5362213
Landlord favoured
- Filing Fee
- Filing Fee Reimbursement
- 14-day notice
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Waipara
Tribunal region
Adjudicator
S Steele
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| possession of the premises at Unit/Flat 2, 23 Barnetts Road, Waipara, RD 3, Waipara 7483 immediately. 2. Stuart Frederic | $28.00 | possession of the premises at Unit/Flat 2, 23 Barnetts Road, Waipara, RD 3, Waipara 7483 immediately. 2. Stuart Frederic |
Claims and awards for application 5362213. Verify on MoJ.
possession of the premises at Unit/Flat 2, 23 Barnetts Road, Waipara, RD 3, Waipara 7483 immediately. 2. Stuart Frederic
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- possession of the premises at Unit/Flat 2, 23 Barnetts Road, Waipara, RD 3, Waipara 7483 immediately. 2. Stuart Frederic
Order
- The tenancy of Stuart Frederick Bowler was lawfully terminated on 5 January 2026 and Joanna Hingston is granted possession of the premises at Unit/Flat 2, 23 Barnetts Road, Waipara, RD 3, Waipara 7483 immediately.
- Stuart Frederick Bowler to pay $28.00 to Joanna Hingston immediately being the filing fee reimbursement.
Reasons
- Both parties attended the hearing.
- The landlord applied for termination of the tenancy on the basis that the tenant had assaulted the landlord’s husband (and another tenant of the property) on 29 July 2025.
- Following the assault incident, on 10 August 2025, the landlord gave a 14-day notice to the tenant under s55AA of the Residential Tenancies Act 1986 to terminate the (then) fixed term tenancy for assault.
- The landlord provided evidence by way of a signed statement by a police Sergeant verifying the incident referred to. The statement confirms the incident as outlined by the landlord and states that criminal charges were laid against the tenant as a consequence of the incident.
- The tenant did not leave the premises by the required date (24 August 2025).
- In the intervening period, the tenancy became periodic, and the landlord issued the tenant with a valid 90-day termination notice on 5 October 2025. This notice recorded a last date being 5 January 2026 (by my calculation 91 days). The notice was delivered by hand to the tenant.
- The landlord also issued another notice to the tenant on 10 October 2025, this being a 42-day notice to allow a family member to occupy the property. This notice expired on 23 November 2025. This notice was delivered by email to the email address regularly used by the tenant. The tenant remained at the property, so the family member was unable to take occupancy.
- Each of these notices complied with the requirements of the Act, and all were validly served.
- The tenant accepted that he had been arrested by police on the day in question but continued to claim (as he had done in the earlier jurisdiction hearing) that he and/or his family “hold the deed” to this property and the neighbouring home (which is occupied by the landlord and her family).
- No evidence was provided by the tenant to support this claim either at the jurisdiction hearing or at the hearing today and the Tribunal had previously accepted the evidence provided by the landlord which supported the ownership structure she outlined.
- The landlord confirmed that she has a current trespass order against the tenant in relation to the neighbouring property which she owns and where she and her husband reside.
- Ms Hingston’s standing as landlord and owner of the tenancy premises and lessee of the underlying land has already been accepted by the Tribunal in an order dated 12 January 2025 and nothing was provided or said at today’s hearing to change that position.
- The tenant further claimed that documents provided to the Tribunal were fraudulent and that he had been assaulted by another tenant at the property on a number of occasions. He also referred to a lawsuit against police, but it was unclear as to what this related to.
- The tenant denied any obligation to provide any evidence to this Tribunal to support his claims and did not provide any evidence or documentation.
- As the tenant has been paying regular rent in the intervening period, I allow that the tenancy ended on the last possible date in the landlord’s valid termination notices, being 5 January 2026.
- The tenancy has been validly terminated as at that date and the tenant must give up possession immediately as ordered above.
- As Joanna Hingston has wholly succeeded with the claim I must 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
s55AA
Key findings
- Dispute theme: filing fee
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5362213?
The tribunal order states: The tenancy of Stuart Frederick Bowler was lawfully terminated on 5 January
How much money was awarded in case 5362213?
Possession Of The Premises At Unit/F…: $28.00 awarded to landlord
What type of tenancy dispute was case 5362213?
The dispute type was not classified.
Where can I read the official tribunal order for case 5362213?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13158966-Tenancy_Tribunal_Order.pdf.