What was Tenancy Tribunal case 5384301 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5384301?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $8,580.00 awarded to landlord; Water Rates: $125.08 awarded to landlord

What type of tenancy dispute was case 5384301?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5384301?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12947746-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5384301 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5384301?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $8,580.00 awarded to landlord; Water Rates: $125.08 awarded to landlord

What type of tenancy dispute was case 5384301?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5384301?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12947746-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5384301 — Rent arrears

Claims and awards in Tenancy Tribunal application 5384301 — net $8,733.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/01/2026	$8,580.00	Rent arrears to 10/01/2026
Water rates	$125.08	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,733.08
Total payable by Tenant to Landlord	$8,733.08

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Casey McSkimming and Christopher Cates at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at
59 pm on Saturday 10 January 2026.
Casey McSkimming and Christopher Cates must pay [The landlord/s] $8,733.08 immediately, calculated as shown in the table below:

Reasons

The hearing was held by teleconference on 7 January 2026. Both parties attended.
This written decision records and confirms the oral decision given to the parties at the conclusion of the hearing. Background
The landlord has filed an application for termination of the tenancy due to rent arrears, unpaid water charges, and reimbursement of the filing fee.
The tenancy commenced on 3 August 2025. The weekly rent is $780.00. The tenants are Casey McSkimming, Christopher Cates.
The tenancy was initially self-managed by the owners. On 23 October 2025, management of the tenancy transferred to [The applicant/s] Scope of the Hearing
The landlord’s application concerns termination of the tenancy based on rent arrears and recovery of unpaid water charges. The tenants filed extensive submissions raising a number of additional issues, including complaints about communications, inspections, banking issues, and alleged unlawful conduct.
The Tribunal made it clear at the hearing that those matters are not part of the landlord’s application and cannot be determined in this proceeding. If the tenants wish to pursue those matters, they must file an application with Tenancy Services which will be heard at a separate time.
This decision addresses only the issues of termination due to rent arrears and unpaid water charges. Relevant Law
A tenant is responsible for water charges incurred during the tenancy on the basis of consumption (see section 39(4)(c) Residential Tenancies Act 1986 (“RTA”)).
Tenants must pay rent when it is due (see section 40(1)(a) RTA).
Section 55(1)(a) provides that the Tribunal must terminate a tenancy if the rent is at least 21 days in arrears at the time the application is made, unless the Tribunal is satisfied that the arrears are not likely to continue. The Landlord’s position
The landlord provided a rent summary showing that the tenants made 11 rent payments during the early part of the tenancy, with the last payment of $780.00 received on 17 October 2025.
Following the transfer of management on 23 October 2025, no further rent payments were received into the owner or landlord’s trust account. The property manager gave detailed evidence of providing the tenants with new payment details, making repeated attempts to contact the tenants, and checking trust account records and unknown funds accounts. No rent payments were identified.
The property manager explained the operation of their trust account and property management software and confirmed that no rent payments from the tenants have been received since 17 October 2025.
As at the hearing date, the landlord’s evidence was that rent arrears total $8,580.00, together with unpaid water charges of $125.08. The Tenants’ position
The tenants disputed that they are in arrears. They relied primarily on screenshots from their bank account showing amounts leaving their account, which they say represent rent payments. They attribute the non-receipt of funds to banking issues associated with their Australian bank, including account restrictions and alleged errors.
The tenants also raised concerns about inconsistent information from the landlord and property manager regarding the amount of arrears, alleged failures of communication, and incidents relating to inspections and interactions at the property. They submit that they were transparent and forthcoming, and that any non-payment arose from circumstances outside their control.
The tenants acknowledged during the hearing that no rent was paid between 23 October 2025 and 3 December 2025. They say this was due to a “bank error” and that payments were later made, although the landlord maintains that no funds were received. Findings Water charges
The landlord provided water invoices which prove the amount owing as ordered. Rent arrears
The obligation to pay rent is absolute. Rent must be paid regardless of fault, inconvenience, or difficulty. Issues such as banking problems, loss of access to accounts, or disputes with property managers do not remove the obligation to ensure rent is received by the landlord.
The Tribunal’s task is to determine whether rent was paid and received, not why it was allegedly not received.
The onus is on the landlord to establish rent arrears on the balance of probabilities. Once non-payment is shown or admitted, the onus shifts to the tenant to prove that the arrears have been remedied.
Screenshots of a tenant’s bank account showing funds allegedly leaving an account are not, on their own, reliable proof that rent has been paid. The Tribunal normally expects independent banking evidence, such as transaction confirmations, unredacted statements, transaction reference numbers, or evidence that the funds were received by the landlord.
In this case, the tenants have not produced bank-issued confirmation demonstrating that rent payments were successfully processed and credited to the landlord’s account. No evidence has been provided from the bank confirming that the alleged payments were completed, or that funds were received by the landlord.
The tenants’ explanations have shifted over time. Initially, the tenants denied being in arrears. They later accepted that rent was not paid for a defined period between 23 October and 3 December 2025. They then asserted that a bulk payment was made on 3 December 2025, but no further payments have been shown to have been made since that date, and the landlord has not received those funds.
The Tribunal is entitled to assess credibility and reliability. In this case, the lack of reliable evidence that arrears have been cleared, and the admitted period of non-payment weigh against the tenants.
The tenants criticised the accuracy of the rent summary and the landlord’s failure to provide bank statements. However, the landlord has produced a rent summary supported by trust account records. The Tribunal does not require a landlord to prove a negative by producing bank statements to show that no payment was ever received.
Once the tenants admitted that rent was not paid for a defined period, the onus shifted to them to show that the arrears were subsequently remedied. That evidence has not been provided.
The tenants’ criticisms of the landlord’s conduct and communications do not remove their obligation to pay rent and do not prevent termination where statutory grounds are met.
I am satisfied on the balance of probabilities that rent has not been received since 17 October 2025. The tenants acknowledge non-payment for a substantial period and have not established that the arrears have been remedied.
The arrears were at least 21 days at the time the application was filed and remained outstanding at the hearing.
The landlord provided rent records which prove the amount owing. Termination
The requirements of section 55(1)(a) of the Residential Tenancies Act 1986 are met. The Tribunal must terminate the tenancy.
The tenancy is terminated at 11.59 pm on 10 January 2026. Filing fee and suppression order
As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 5384301 — net $8,733.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/01/2026	$8,580.00	Rent arrears to 10/01/2026
Water rates	$125.08	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,733.08
Total payable by Tenant to Landlord	$8,733.08

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Casey McSkimming and Christopher Cates at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at
59 pm on Saturday 10 January 2026.
Casey McSkimming and Christopher Cates must pay [The landlord/s] $8,733.08 immediately, calculated as shown in the table below:

Reasons

The hearing was held by teleconference on 7 January 2026. Both parties attended.
This written decision records and confirms the oral decision given to the parties at the conclusion of the hearing. Background
The landlord has filed an application for termination of the tenancy due to rent arrears, unpaid water charges, and reimbursement of the filing fee.
The tenancy commenced on 3 August 2025. The weekly rent is $780.00. The tenants are Casey McSkimming, Christopher Cates.
The tenancy was initially self-managed by the owners. On 23 October 2025, management of the tenancy transferred to [The applicant/s] Scope of the Hearing
The landlord’s application concerns termination of the tenancy based on rent arrears and recovery of unpaid water charges. The tenants filed extensive submissions raising a number of additional issues, including complaints about communications, inspections, banking issues, and alleged unlawful conduct.
The Tribunal made it clear at the hearing that those matters are not part of the landlord’s application and cannot be determined in this proceeding. If the tenants wish to pursue those matters, they must file an application with Tenancy Services which will be heard at a separate time.
This decision addresses only the issues of termination due to rent arrears and unpaid water charges. Relevant Law
A tenant is responsible for water charges incurred during the tenancy on the basis of consumption (see section 39(4)(c) Residential Tenancies Act 1986 (“RTA”)).
Tenants must pay rent when it is due (see section 40(1)(a) RTA).
Section 55(1)(a) provides that the Tribunal must terminate a tenancy if the rent is at least 21 days in arrears at the time the application is made, unless the Tribunal is satisfied that the arrears are not likely to continue. The Landlord’s position
The landlord provided a rent summary showing that the tenants made 11 rent payments during the early part of the tenancy, with the last payment of $780.00 received on 17 October 2025.
Following the transfer of management on 23 October 2025, no further rent payments were received into the owner or landlord’s trust account. The property manager gave detailed evidence of providing the tenants with new payment details, making repeated attempts to contact the tenants, and checking trust account records and unknown funds accounts. No rent payments were identified.
The property manager explained the operation of their trust account and property management software and confirmed that no rent payments from the tenants have been received since 17 October 2025.
As at the hearing date, the landlord’s evidence was that rent arrears total $8,580.00, together with unpaid water charges of $125.08. The Tenants’ position
The tenants disputed that they are in arrears. They relied primarily on screenshots from their bank account showing amounts leaving their account, which they say represent rent payments. They attribute the non-receipt of funds to banking issues associated with their Australian bank, including account restrictions and alleged errors.
The tenants also raised concerns about inconsistent information from the landlord and property manager regarding the amount of arrears, alleged failures of communication, and incidents relating to inspections and interactions at the property. They submit that they were transparent and forthcoming, and that any non-payment arose from circumstances outside their control.
The tenants acknowledged during the hearing that no rent was paid between 23 October 2025 and 3 December 2025. They say this was due to a “bank error” and that payments were later made, although the landlord maintains that no funds were received. Findings Water charges
The landlord provided water invoices which prove the amount owing as ordered. Rent arrears
The obligation to pay rent is absolute. Rent must be paid regardless of fault, inconvenience, or difficulty. Issues such as banking problems, loss of access to accounts, or disputes with property managers do not remove the obligation to ensure rent is received by the landlord.
The Tribunal’s task is to determine whether rent was paid and received, not why it was allegedly not received.
The onus is on the landlord to establish rent arrears on the balance of probabilities. Once non-payment is shown or admitted, the onus shifts to the tenant to prove that the arrears have been remedied.
Screenshots of a tenant’s bank account showing funds allegedly leaving an account are not, on their own, reliable proof that rent has been paid. The Tribunal normally expects independent banking evidence, such as transaction confirmations, unredacted statements, transaction reference numbers, or evidence that the funds were received by the landlord.
In this case, the tenants have not produced bank-issued confirmation demonstrating that rent payments were successfully processed and credited to the landlord’s account. No evidence has been provided from the bank confirming that the alleged payments were completed, or that funds were received by the landlord.
The tenants’ explanations have shifted over time. Initially, the tenants denied being in arrears. They later accepted that rent was not paid for a defined period between 23 October and 3 December 2025. They then asserted that a bulk payment was made on 3 December 2025, but no further payments have been shown to have been made since that date, and the landlord has not received those funds.
The Tribunal is entitled to assess credibility and reliability. In this case, the lack of reliable evidence that arrears have been cleared, and the admitted period of non-payment weigh against the tenants.
The tenants criticised the accuracy of the rent summary and the landlord’s failure to provide bank statements. However, the landlord has produced a rent summary supported by trust account records. The Tribunal does not require a landlord to prove a negative by producing bank statements to show that no payment was ever received.
Once the tenants admitted that rent was not paid for a defined period, the onus shifted to them to show that the arrears were subsequently remedied. That evidence has not been provided.
The tenants’ criticisms of the landlord’s conduct and communications do not remove their obligation to pay rent and do not prevent termination where statutory grounds are met.
I am satisfied on the balance of probabilities that rent has not been received since 17 October 2025. The tenants acknowledge non-payment for a substantial period and have not established that the arrears have been remedied.
The arrears were at least 21 days at the time the application was filed and remained outstanding at the hearing.
The landlord provided rent records which prove the amount owing. Termination
The requirements of section 55(1)(a) of the Residential Tenancies Act 1986 are met. The Tribunal must terminate the tenancy.
The tenancy is terminated at 11.59 pm on 10 January 2026. Filing fee and suppression order
As the landlord has wholly succeeded with the claim, I must order the tenants to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 5384301 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5384301 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions