Tenantcheck Insights · Case study
Tenancy Tribunal case 5383981 — Rent arrears at 2 Prion Place, One Tree Point, One Tree Point 0118
Published 21 January 2026 · Application 5383981
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
One Tree Point
Tribunal region
Adjudicator
J Setefano
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,328.00
- Bond payment as ordered
- −$1,520.00
- Total balance for Tenant to pay Landlord
- $2,808.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 21/01/2026 plus rent owing to 04/02/2026 | $4,300.00 | Rent arrears to 21/01/2026 plus rent owing to 04/02/2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $2,808.00 | ||
| Total payable by Tenant to Landlord | $2,808.00 |
Claims and awards for application 5383981 — net $2,808.00 NZD. Verify on MoJ.
Rent arrears to 21/01/2026 plus rent owing to 04/02/2026
- Amount
- $4,300.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 21/01/2026 plus rent owing to 04/02/2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $2,808.00
Total payable by Tenant to Landlord
Landlord $2,808.00
Claim types — money lines allowed on this order
Order
- The tenancy of Tusie Marsh at 2 Prion Place, One Tree Point, One Tree Point 0118 is terminated, and possession is granted to Colliers New Zealand Limited As Agent For Land Information New Zealand C/- Colliers International, at
- 59pm on Wednesday 4 February 2026.
- Tusie Marsh must pay Colliers New Zealand Limited As Agent For Land Information New Zealand C/- Colliers International $2,808.00 immediately, calculated as shown in the table below:
- The Bond Centre is to pay the bond of $1,520.00 (3398810-011) to Colliers New Zealand Limited As Agent For Land Information New Zealand C/- Colliers International immediately.
Reasons
- The landlord attended the hearing which was held by teleconference.
- The Tribunal attempted to contact the tenant by phone. The person who answered advised the tenant was not available because he had been called up for urgent work due to the state of emergency in relation to severe weather in the north. I accept that this may explain the tenant’s absence, but it does not of itself prevent the Tribunal proceeding. I am satisfied that proper service of the hearing notice has been completed and the tenant should have been aware or ought to have been aware of the hearing. Given the urgent nature of a termination application for rent arrears, the Tribunal considered it reasonable to proceed in the tenant’s absence.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Should the tenancy be terminated?
- The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
- In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
- The landlord provided a rent summary showing rent charged and payments received. The rent is $560 per week. The landlord’s evidence is that rent arrears to 25 January 2026 were $5,820.00. However, the tenant made a late payment of $2,320.00 yesterday, reducing but not clearing the arrears fully.
- I accept the landlord’s rent summary as reliable evidence of the rent position. There is no contrary evidence from the tenant. The landlord has therefore proved, on the balance of probabilities, that rent arrears remain owing.
- I am satisfied the landlord has established a persistent pattern of arrears supported by the landlord’s evidence of repeated notices for recidivist rent arrears issued on 25 August 2025, 18 September 2025, and 14 October 2025, together with the rent summary showing repeated late lump sum payments rather than payment weekly in advance as required.
- The grounds have been established and the tenancy must be terminated. I also note that the landlord has met the grounds for termination under 55(1)(a) Residential Tenancies Act 1986 as rent was at least 21 days in arrears on the date the application was filed.
- Taking into account the tenant’s personal circumstances, the landlord indicated a willingness to delay termination to 4 February 2026. I consider that is reasonable and proportionate in the circumstances. It provides the tenant a short period to make arrangements, while still recognising the landlord’s proven entitlement to termination for persistent arrears. I also consider it reasonable to include in this order all rent owing to the termination date, 4 February 2026.
- As the landlord has wholly succeeded with the claim, I must order reimbursement of the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s55(1)
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5383981?
The tribunal order states: The tenancy of Tusie Marsh at 2 Prion Place, One Tree Point, One Tree Point
How much money was awarded in case 5383981?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $4,300.00 awarded to landlord
What type of tenancy dispute was case 5383981?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5383981?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13007318-Tenancy_Tribunal_Order.pdf.