Tenantcheck Insights · Case study
Tenancy Tribunal case 5391068 — Rent arrears at 94 Mount Herbert Road, Waipukurau, Central Hawkes Bay
Decided 9 January 2026 · Published 9 January 2026 · Application 5391068
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Central Hawkes Bay
Tribunal region
Adjudicator
J Northwood
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $339.71
- Total balance for Tenant to pay Landlord
- $339.71
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears | $311.71 | Rent arrears | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $339.71 | ||
| Total payable by Tenant to Landlord | $339.71 |
Claims and awards for application 5391068 — net $339.71 NZD. Verify on MoJ.
Rent arrears
- Amount
- $311.71
- Awarded to
- Landlord
- Reason
- Rent arrears
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $339.71
Total payable by Tenant to Landlord
Landlord $339.71
Claim types — money lines allowed on this order
Order
- Agnus Miller owes Rentsmart Nz Limited As Agent For Livingston Properties Ltd $339.71 (“the debt”).
- Agnus Miller must pay rent and the debt as follows: a. By 1 weekly payments of $800.00, being $600.00 for rent and $200.00 for the debt. b. A final payment of $739.71, being $600.00 for rent and $139.71 for the debt. c. Payments will be every Wednesday, with the first payment on 14/01/2026 and continuing until 21/01/2026.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 94 Mount Herbert Road, Waipukurau, Central Hawkes Bay 4200 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
- Agnus Miller must pay Rentsmart Nz Limited As Agent For Livingston Properties Ltd $339.71 being rent arrears and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$311.71 Filing fee reimbursement$28.00 Total award$339.71 Total payable by Tenant to Landlord$339.71
Reasons
- The landlord attended the hearing, the tenant did not attend. I rang the tenant’s mobile number, but the call went unanswered. The tenant has not communicated with the Tribunal seeking an adjournment and she has been served with the notice of hearing. I am proceeding with the hearing in the absence of the tenant.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- At the time the landlord filed their application with the Tribunal the rent arrears were $1711.71. However, the tenant has been making regular weekly payment of $200.00 over the last 7 weeks towards the rent arrears. The tenant has paid $1400.00 in rent arrears to date.
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing. As of 9 January 2026, the outstanding rent arrears are $311.71. I am satisfied that the landlord has proven their claim for the rent arrears.
- Because Rentsmart Nz Limited As Agent For Livingston Properties Ltd 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
s55(1), s64(4)
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 5391068?
The tribunal order states: Agnus Miller owes Rentsmart Nz Limited As Agent For Livingston Properties Ltd
How much money was awarded in case 5391068?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $311.71 awarded to landlord
What type of tenancy dispute was case 5391068?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5391068?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12948366-Tenancy_Tribunal_Order.pdf.