Tenantcheck Insights · Case study
Tenancy Tribunal case 5390626 — Rent arrears at 13 Chelburn Crescent, Mangere East, Auckland 2024
Decided 11 Mar 2026 · Published 11 Mar 2026 · Application 5390626
- Rent arrears
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Adjudicator
J Northwood
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,506.84
- Total balance for Tenant to pay Landlord
- $826.84
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Previous order application 5390626 dated 15/02/2026 | $975.15 | Previous order application 5390626 dated 15/02/2026 | |
| Rent arrears (13/2/26 | $3,241.26 | Rent arrears (13/2/26 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Water rates: till February 2026 | $262.43 | Water rates: till February 2026 |
Order
- The tenancy of [The tenant/s] tenant/s], [The tenant/s] tenant/s], [The tenant/s] party] and [The tenant/s] tenant/s] at 13 Chelburn Crescent, Mangere East, Auckland 2024 is terminated, and possession is granted to Spectre Property Management Services Limited As Agent For Paul & Veronica Edwards As Trustees For The Pohutukawa Trust, at 11.59pm on Friday 13 th March 2026.
- [The tenant/s] tenant/s], [The tenant/s] tenant/s], [The tenant/s] party] and [The tenant/s] tenant/s] must pay Spectre Property Management Services Limited As Agent For Paul & Veronica Edwards As Trustees For The Pohutukawa Trust $826.84 immediately, being rent arrears to 13 March 2026, water bills, previous order, and reimbursement of the filing fee, as calculated and shown in the table below: DescriptionLandlord Rent arrears (13/2/26)$3241.26 Previous order application 5390626 dated 15/02/2026 $975.15 Filing fee reimbursement$28.00 Water rates: till February 2026$262.43 Total award$4,506.84 Minus Bond-$3,680.00 Total payable by Tenant to Landlord$826.84
- The Bond Centre is to pay the bond of $3,680.00 (BN-00080861) to Spectre Property Management Services Limited As Agent For Paul & Veronica Edwards As Trustees For The Pohutukawa Trust immediately.
- I am dismissing the tenants claim for compensation and exemplary damages for retaliatory notice.
Reasons
- Both parties attended the hearing.
- This order is to be read in conjunction with my order dated 15 February 2026.
- This was a part heard matter. I sought clarification of some important details after the previous hearing on 9 February 2026. That information was received from both parties and has assisted me to determine all the claims before me. Landlord claims:
- The landlord has applied for termination of the tenancy, rent arrears, water bills, reimbursement of the filing fee and refund of the bond. Termination:
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord seeks immediate termination of the tenancy for ongoing rent arrears and water bills throughout the tenancy.
- The parties have attended a mediation on 14 October 2025. A mediated order was made for rent arrears of $4594.29. The landlord enforced the mediated order with a debt collector and the tenant is paying off the debt weekly through the debt collection agency.
- The rent arrears sought with this application are for arrears from the 15 th of October through to the end of the tenancy on 13 March 2026. The rent arrears are more than 21 days in arrears.
- I am granting termination to take effect at 11.59pm on 13 th Of March 2026. Rent arrears and water bills:
- The landlord provided rent records which prove the amount $3241.26 owing at the end of the tenancy on 13 March 2026.
- The landlord has applied for water bills and has provided water bills which prove the amount of $262.43 owing up to February 2026.
- I am satisfied that the landlord has proven their claim for rent arrears and water bills. Previous Order:
- On 15 February 2026, I awarded the sum of $975.15 to the landlord for previous water bills and a plumber’s invoice. The tenants have not paid this amount to the landlord. I am incorporating that award into this order for payment. Retaliatory Notice:
- The landlord gave the tenants a notice ending the tenancy on 15 February 2026. The tenants claim the notice is retaliatory.
- For a notice to be declared retaliatory, the tenants must prove that in terminating the tenancy, the landlord was motivated wholly or partly by the tenant exercising a right under the tenancy agreement or any Act, or by any complaint against the landlord. See section 54(1) Residential Tenancies Act 1986.
- Giving a termination notice which is declared to be retaliatory is an unlawful act for which exemplary damages may be awarded, up to a maximum of $6,500.00. See section 54(2), (3) and Schedule 1A Residential Tenancies Act 1986.
- The tenants claim that the landlord’s 90-day notice to terminate the tenancy was retaliatory, arising out of disputes about rent arrears. Under section 51(1)(d) of the Residential Tenancies Act 1986, a landlord may terminate a periodic tenancy by giving at least 90 days’ written notice and is not required to provide a reason for the termination. The right to issue a 90-day notice is not, in itself, evidence of a retaliatory motive.
- For a notice to be deemed retaliatory under section 54 of the Act, there must be credible evidence that the landlord was motivated by the tenant’s exercise of their rights or by a complaint made by the tenant. In this case, while there have been disputes about rent arrears, I have not seen sufficient evidence to establish that the landlord’s primary motivation for issuing the notice was retaliation. The landlord was entitled to issue a 90-day notice without providing a reason, and there is no persuasive evidence before me that the notice was given for a retaliatory purpose. The claim is therefore dismissed.
- Because Spectre Property Management Services Limited As Agent For Paul & Veronica Edwards As Trustees For The Pohutukawa Trust has wholly succeeded with the claim I must reimburse the filing fee.
- The bond centre is to refund the bond to the landlord immediately to offset the debt owed by the tenants to the landlord.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s51(1), s54, s54(1), s54(2), s55(1), s90
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5390626 about?
The tribunal order states: The tenancy of [The tenant/s] tenant/s], [The tenant/s] tenant/s], [The tenant/s] party]
How much money was awarded in case 5390626?
Filing Fee: $28.00 awarded to landlord; Previous Order Application 5390626 D…: $975.15 awarded to landlord; Rent Arrears: $3,241.26 awarded to landlord; Water Rates: $262.43 awarded to landlord
What type of tenancy dispute was case 5390626?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5390626?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13267875-Tribunal_Order.pdf.
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