How much money was awarded in case 5403309?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $11,327.15 awarded to landlord

What type of tenancy dispute was case 5403309?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5403309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13125364-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5403309?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $11,327.15 awarded to landlord

What type of tenancy dispute was case 5403309?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5403309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13125364-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5403309 — Rent arrears

Q: What was Tenancy Tribunal case 5403309 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5403309 — net $8,595.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 February 2026	$11,327.15	Rent arrears to 20 February 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,595.15
Total payable by Tenant to Landlord	$8,595.15

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and the address of the tenancy.

The tenancy of Shiyamini Soundararaj and Senthil Nathan Kadhireshan at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5pm on Friday 20 February 2026.

The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Shiyamini Soundararaj and Senthil Nathan Kadhireshan must pay [The landlord/s] $8,595.15 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing, which was held by video. The tenants were supported by their daughter.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. Under section 55(1)(a) Residential Tenancies Act 1986 the Tribunal shall terminate a tenancy when rent arrears are at least 21 days in arrears.

As explained to the parties in the hearing, the Tribunal must consider whether any issues raised by a tenant should fairly be taken into account before it makes a termination or rent arrears decision 1 . This is called ‘equitable set-off’.

An equitable set off is a closely linked claim, “a claim which so affects the [landlord’s] claim that it would be unjust to allow the [landlord] to have judgment without bringing the cross-claim to account” 2 . A tenant does not have to file a claim to establish an equitable set-off because it is a defence and not a claim. If the tenant is entitled to set off, any such amount can be set-off against the rent payable for the purposes of a section 55 calculation.

The tenants raised the following issues: a) failing to maintain the dishwasher and the air conditioning unit; b) harassment, including coming to the premises without notice.

There maybe some validity to the tenants’ claims from the evidence presented on the day of the hearing. However the rent arrears owed are now substantial. Rent owing to the date of the hearing is $10,670.00.

In the event the tenants can establish they are owed compensation for the landlord failing to maintain the dishwasher and air-conditioning unit, and exemplary damages for harassment 3 I am not satisfied that any award in their favour would reduce the rent arrears owed to the extent that the Tribunal would not terminate under section 55(1)(a). I am satisfied that the extent of the arrears is such that the principle of set-off does not have any application in this case.

Accordingly the tenancy is terminated.

This does not deny the tenants the opportunity to pursue an application with the Tribunal. If they want to do so, it would be in the tenants’ best interests to file an application as soon as possible. 1 See O’Shea v Brown (HC Auckland, AP110-PL01, 14 December 2001) 2 Grant v NZMC Ltd [1989] 1 NZLR 8 (CA) at 12-13. 3 Being the remedy available for harassment

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Filing Fee: As the landlord has been successful in its claim the Tribunal must award reimbursement of the filing fee.

Suppression: Under section 95A, RTA the Tribunal must on the application of a party that has wholly or substantially succeeded in the claim order that the party’s name or identifying details not be published unless it considers publication is in the public interest or justified by the party’s conduct or other circumstances of the case. The landlord is the successful party and has applied for suppression. Accordingly suppression is granted.

Order

Claims and awards in Tenancy Tribunal application 5403309 — net $8,595.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 February 2026	$11,327.15	Rent arrears to 20 February 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$8,595.15
Total payable by Tenant to Landlord	$8,595.15

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and the address of the tenancy.

The tenancy of Shiyamini Soundararaj and Senthil Nathan Kadhireshan at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5pm on Friday 20 February 2026.

The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Shiyamini Soundararaj and Senthil Nathan Kadhireshan must pay [The landlord/s] $8,595.15 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing, which was held by video. The tenants were supported by their daughter.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The tenants raised the following issues: a) failing to maintain the dishwasher and the air conditioning unit; b) harassment, including coming to the premises without notice.

Accordingly the tenancy is terminated.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Filing Fee: As the landlord has been successful in its claim the Tribunal must award reimbursement of the filing fee.

Tenancy Tribunal case 5403309 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5403309 — 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