Tenantcheck Insights · Case study
Tenancy Tribunal case 5394105 — Rent arrears at Unit/Flat Flat 3, 52 Tudor Road, Henderson, Auckland 0610
Decided 16 January 2026 · Published 16 January 2026 · Application 5394105
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
M Pollak
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $5,136.60
- Total balance for Tenant to pay Landlord
- $5,136.60
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 16 January 2026 | $5,108.60 | Rent arrears to 16 January 2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $5,136.60 | ||
| Total payable by Tenant to Landlord | $5,136.60 |
Claims and awards for application 5394105 — net $5,136.60 NZD. Verify on MoJ.
Rent arrears to 16 January 2026
- Amount
- $5,108.60
- Awarded to
- Landlord
- Reason
- Rent arrears to 16 January 2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $5,136.60
Total payable by Tenant to Landlord
Landlord $5,136.60
Claim types — money lines allowed on this order
Order
- The tenancy of Daniel Romano Dave at Unit/Flat Flat 3, 52 Tudor Road, Henderson, Auckland 0610 is terminated, and possession is granted to KEWEN ZHANG, at 11:59pm on Friday 16 January 2026.
- Daniel Romano Dave must pay Kewen Zhang $5,136.60 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the hearing. The tenant did not.
- I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
- The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
Should the tenancy be terminated?
- Rent was at least 21 days in arrears on the date the application was filed. The rent records show that on 27 November 2025, the tenant was in $1,560.00 rent arrears, being 21 days of arrears. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- Additionally, the landlord has issued the tenant with a 14-day notice on 13 November 2025, requiring him to pay the rent arrears owing and the tenant did not do so. The rent records show the last date any rent was paid was 5 November 2025. As such the rent arrears are increasing significantly each week. The tenant has not paid any bond, therefore it would be inequitable in all the circumstances not to terminate the tenancy.
- The landlord provided rent records which prove the amount owing at the end of the tenancy. Reimbursement of filing fee
- Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
- Because Kewen Zhang 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
s102(4), s5, s55(1)
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5394105?
The tribunal order states: The tenancy of Daniel Romano Dave at Unit/Flat Flat 3, 52 Tudor Road,
How much money was awarded in case 5394105?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,108.60 awarded to landlord
What type of tenancy dispute was case 5394105?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5394105?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12980170-Tenancy_Tribunal_Order.pdf.