Tenantcheck Insights · Case study
Tenancy Tribunal case 5411637 — Rent arrears at 5 Paul Crescent, Fairfield, Hamilton 3214
Decided 18 February 2026 · Published 18 February 2026 · Application 5411637
Landlord favoured
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Hamilton
Tribunal region
Adjudicator
C Price
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $766.00
- Total balance for Tenant to pay Landlord
- $766.00
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 25.02.2026 | $738.00 | Rent arrears to 25.02.2026 | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $766.00 | ||
| Bond | $766.00 | ||
| Total payable by Tenant to Landlord | $766.00 |
Claims and awards for application 5411637 — net $766.00 NZD. Verify on MoJ.
Rent arrears to 25.02.2026
- Amount
- $738.00
- Awarded to
- Landlord
- Reason
- Rent arrears to 25.02.2026
Filing fee reimbursement
- Amount
- $28.00
- Awarded to
- Landlord
- Reason
- Filing fee reimbursement
Net award
Landlord $766.00
Bond
Landlord $766.00
Total payable by Tenant to Landlord
Landlord $766.00
Claim types — money lines allowed on this order
Order
- The tenancy of Moli Isaako at 5 Paul Crescent, Fairfield, Hamilton 3214 is terminated, and possession is granted to Waikato Real Estate Limited, at 11:59pm on Wednesday 25 February 2026.
- Moli Isaako must pay Waikato Real Estate Limited $766.00 from the bond, immediately, calculated as shown in the table below:
- The Bond Centre is to pay the bond of $766.00 (5317826-006) to Waikato Real Estate Limited immediately.
- The balance of the bond of $834.00 is to remain at the Bond Centre.
Reasons
- Ms Discombe, representing the landlord, and the tenant, Ms Isaako, both attended the hearing by video conference and teleconference respectively.
- The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.
- Just prior to the hearing, the landlord provided an updated rent summary, which showed that Ms Isaako owes $168.00 in rent to 18 February 2026, the date of the hearing. The landlord’s application was filed on 10 December 2025, at which time rent was just slightly over 21 days in arrears.
- The landlord sought an order terminating the tenancy and did not wish to discuss the possibility of a conditional termination order.
Should the Tribunal make a conditional termination order?
- When a landlord files an application for termination of the tenancy, the Tribunal can order that the tenancy be terminated or can make a conditional termination order. In order to make a conditional termination order, the Tribunal must be satisfied that the rent arrears will be paid within a specified time (usually a reasonable period) and that the tenant is unlikely to commit any further breach of rent payments. See section 55(1A) Residential Tenancies Act 1986.
- The tenant said she has been trying hard to pay off the rent arrears owing, which is indicated in significant payments being made by the tenant shown on the updated rent summary. The tenant said she could pay the $168.00 owing in rent arrears by 19 February 2026 and would continue weekly rent payments after this.
- The landlord said they have given the tenant a number of second chances to make regular consistent rent payments, without success. The landlord said they have made multiple Tribunal applications about this issue in relation to this tenancy over the period of the tenancy, and the tenant has paid rent arrears owing and then returns to not paying the rent on a regular or consistent basis.
- The landlord pointed out another recent Tribunal application 5124050 they made resulting in a Tribunal order dated 13 February 2025 for payment of rent arrears by the tenant in a conditional termination order. Whilst it appears from the rent summary provided, that the tenant largely cleared those rent arrears within the period indicated in the Tribunal order dated 13 February 2025 in application 5124050, the landlord said this is the tenant’s pattern and she then returns to irregular and inconsistent rent payments, as seen on the rent summary.
- The tenant did not comment on the landlord’s reference to previous Tribunal applications but just said she had some family issues but now she will try and pay rent regularly to retain the tenancy.
- There appear to have been at least 5 Tribunal applications made by the landlord over the tenancy period for termination and rent arrears, with a variety of orders being made over those applications. A conditional termination order formed part of a Mediator’s order made on 19 December 2018, I note.
- Whilst the amount of rent arrears as at the hearing date was relatively small, $168.00, and whilst the rent arrears were just over 21 days’ in arrears at the time the landlord filed the application, given the number of previous Tribunal applications made by the landlord over the tenancy, which began in November 2017, about termination of the tenancy and rent arrears, and the continued issues of the tenant not making regular or consistent rent payments, shown on the rent summary, and given the tenant’s evidence at the hearing that she would ‘try’ to make regular rent payments but it was hard for her, I am not satisfied that it is likely the tenant will not breach rent payments again. As such, I cannot make a conditional termination order.
- 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.
How much rent is owing?
- As indicated above, the landlord provided rent records which prove the amount owing to 18 February 2026, which is $168.00. A further one week’s rent @ $570.00 is owing from 19 February 2026 to 25 February 2026, making the total rent owing by the tenant to the landlord $738.00 up to 25 February 2026, which is the end of the tenancy. Filing fee
- Because Waikato Real Estate Limited has wholly succeeded with the claim I must reimburse the filing fee. Refund of the bond
- The Bond Centre is to pay the bond of $766.00 (5317826-006) to Waikato Real Estate Limited immediately.
- The balance of the bond of $834.00 is to remain at the Bond Centre.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s55(1), s55(1A)
Key findings
- Dispute theme: rent arrears
Property management
- WAIKATO REAL ESTATE LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5411637?
The tribunal order states: The tenancy of Moli Isaako at 5 Paul Crescent, Fairfield, Hamilton 3214 is
How much money was awarded in case 5411637?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $738.00 awarded to landlord
What type of tenancy dispute was case 5411637?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5411637?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13145509-Tenancy_Tribunal_Order.pdf.