Tenantcheck Insights · Case study
Tenancy Tribunal case 5374605 — Rent arrears at Unit/Flat 207, 168 Pilkington Road, Point England, Auckland
Decided 18 Dec 2025 · Published 18 Dec 2025 · Application 5374605
- Rent arrears
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Adjudicator
J Greene
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The Tribunal makes this declaration to the tenant: A failure to pay rent when it is due is a breach of the Residential Tenancies Act 1986 1 and of the tenancy agreement. Future breaches by the tenant failing to pay rent when due might result in termination of the tenancy upon application by the landlord.
Reasons
- Ms Mayadeo represented the landlord. The tenant advised the registry that she was unable to attend the hearing which I conducted by phone.
- The landlord has applied for termination of the tenancy for rent arrears of more than 21 days at the date of the application. 1 See section 40(1)(a) Residential Tenancies Act 1986
- The tenant has since paid her rent in full and is now in credit up to 25 December 2025. She has explained why her rent fell into arrears.
- The tenant considers that there is no longer any live issue for the Tribunal to adjudicate.
- The landlord seeks a conditional order because it is concerned about future rent arrears. Ms Mayadeo said that there has been a history of rent arrears.
- The Tribunal cannot make a conditional termination order when there are no current rent arrears. The landlord does not seek to terminate the tenancy now.
- I have issued a declaration to the tenant reminding her of her statutory responsibility to pay rent in full when due.
- Should the tenant fail to pay rent when due resulting in rent arrears the landlord might succeed on a future application to terminate the tenancy. Once rent is 21 days in arrears the landlord has a right to terminate the tenancy and the Tribunal only has a limited discretion not to terminate the tenancy even if the rent arrears have been paid by the time of the hearing.
- Other than the declaration, no orders are made at this time.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s21, s40(1)
Key findings
- Dispute theme: rent arrears
Property management
- SIMPLICITY LIVING LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5374605 about?
The tribunal order states: The Tribunal makes this declaration to the tenant:
How much money was awarded in case 5374605?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5374605?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5374605?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12891870-Tenancy_Tribunal_Order.pdf.
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