How much money was awarded in case 5411530?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,480.00 awarded to landlord

What type of tenancy dispute was case 5411530?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5411530?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13180603-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5411530?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,480.00 awarded to landlord

What type of tenancy dispute was case 5411530?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5411530?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13180603-Tribunal_Order_Redacted.pdf.

suppressed] Tenancy Tribunal Case 5411530 — Rent arrears

Q: What was Tenancy Tribunal case 5411530 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 5411530 — net $328.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 28 February 2026	$3,480.00	Rent arrears (to 28 February 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$328.00
Total payable by Tenant to Landlord	$328.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of Rod MacFarlane at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Saturday, 28 February 2026.

The Bond Centre is to pay the bond of $3,180.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Rod MacFarlane must pay [The landlord/s] $328.00 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (to 28 February 2026)$3,480.00 Filing fee reimbursement$28.00 Total award$3,508.00 Bond$3,180.00 Total payable by Tenant to Landlord$328.00

Reasons

Both parties attended the hearing by video.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated at 11:59pm on Saturday, 28 February 2026.

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

Mr MacFarlane disputed the amount claimed. He says that the premises are deficient in that water comes into a basement/garage area during periods of rain lasting more than half a day. He says that he cannot store his furniture in the basement as he intended to and should be entitled to a 1/3 rent reduction until the issue is resolved. Mr MacFarlane has not made a cross application. He says that he did not get the correct advice from the Tenancy Tribunal on how to make an application.

The landlord acknowledged that there were water ingress issues in a non- habitable garage space below the house. It engaged contractors to carryout some waterproofing work and granted a rent reduction of $265.00 per week for four weeks while the work was done. When the work was completed, it notified Mr MacFarlane that rent reduction had ceased and that he was required to pay the agreed weekly rent. Mr MacFarlane immediately refused and maintained that the work was not adequate. However, as noted above he has not made a cross-application to the Tribunal.

A tenant cannot unilaterally withhold rent because it says repairs are required. A tenant must prove a breach of the landlord’s obligations and establish some entitlement to compensation. In this case, the landlord had agreed to a limited rent reduction, but once that was over, Mr MacFarlane was liable to pay the contracted rent, and to prove his claim for any further compensation.

Mr MacFarlane maintains that the Tenancy Tribunal did not tell him that he needed to make a cross application or how to go about it. There is a hyperlink on the Notice of Hearing sent to the parties that takes them to the Tenancy Services webpage regarding applications, and how to make them. In November 2025, Mr MacFarlane told the landlord that he had “opened” a file with the Tribunal. It is unclear what he was referring to.

Notwithstanding the lack of a cross-application, I considered the issues raised by Mr MacFarlane in the context of the rent arrears claimed by the landlord. I consider it highly unlikely that moisture issues in a garage and non-habitable space below the dwelling would entitle a tenant to a 30% rent reduction. That will be for Mr MacFarlane to prove in due course. At this stage, I am persuaded that the landlord has properly proved that rent is more than 21 days in arrears at the date of the hearing, so the tenancy must be terminated.

As the Landlord was the successful party, I award reimbursement of the Tribunal application fee and grant its request for suppression of its details.

Order

Claims and awards in Tenancy Tribunal application 5411530 — net $328.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 28 February 2026	$3,480.00	Rent arrears (to 28 February 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$328.00
Total payable by Tenant to Landlord	$328.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of Rod MacFarlane at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Saturday, 28 February 2026.

The Bond Centre is to pay the bond of $3,180.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing by video.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated at 11:59pm on Saturday, 28 February 2026.

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

As the Landlord was the successful party, I award reimbursement of the Tribunal application fee and grant its request for suppression of its details.

Tenancy Tribunal case 5411530 — Rent arrears at suppressed]

At a glance

Award balance

Tenancy Tribunal case 5411530 — Rent arrears at suppressed]

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions